AN ACT relating to
elections; providing that a person who is not a qualified elector and who votes
or attempts to vote knowing that fact, or a person who votes or attempts to
vote using the name of another person, is guilty of a category D felony;
revising certain nomination procedures; requiring county clerks to certify
certain lists of candidates and nominees to the Secretary of State; extending
the period in which a person may register to vote by computer; making various other
changes relating to the administration and conduct of an election; expanding
the definition of campaign expenses; amending reporting requirements relating
to special elections; requiring persons and entities which make expenditures
against candidates to report contributions and expenditures; eliminating a
requirement that the Secretary of State obtain certain advice and consent of
the Legislative Commission; making various other changes relating to campaign
finance; providing penalties; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Section 1 of this bill provides that a person is
guilty of a category D felony if the person: (1) is not a qualified elector and
votes or attempts to vote knowing that fact; or (2) votes or attempts to vote
using the name of another person.

Section 2 of this bill provides that if a vacancy
occurs in a nomination for a nonpartisan office during a certain period, a
person may become a candidate for the nonpartisan office by filing a declaration
or acceptance of candidacy during a certain period.

Sections 3 and 55 of this bill change, from the
first Tuesday in September to the last Tuesday in August before a general
election, the deadline by which a minor political party that wishes to place
candidates for President and Vice President on the ballot must file a
certificate of nomination with the Secretary of State.

Section 4 of this bill provides that provisions
relating to the nomination of candidates apply to a special election to fill a
vacancy, subject to certain exceptions.

Sections 5 and 6 of this bill require county
clerks to certify to the Secretary of State lists of candidates who have filed
candidacy papers with the county clerks and of candidates who are nominated for
office at primary elections.

Section 7 of this bill clarifies that an
independent candidate for partisan office must file a copy of his or her
petition of candidacy before the petition may be circulated for signatures.

Section 8 of this bill changes the date by which
permanent regulations of the Secretary of State must be effective in order to
govern an election from the December 31 immediately preceding the election to
the last business day of February immediately preceding the election.

Section 9 of this bill provides that certain
persons who register to vote by mail or computer must provide, under certain
circumstances, certain proof of residency before voting.

Under existing law, for the period beginning on
the fifth Sunday preceding a primary or general election and ending on the
third Tuesday preceding the primary or general election, a person may only
register to vote in person. (NRS 293.560) Section 12 of this bill allows
a person to register to vote by computer during that period.

Existing law requires a person who is not under
the direction or control of a candidate or candidate group or of a person
involved in the campaign of the candidate or candidate group and who makes an
expenditure on behalf of the candidate or candidate group to report to the
Secretary of State all contributions to and expenditures made by the person in
excess of $100. (NRS 294A.140, 294A.210) Sections 30 and 34 of this bill
clarify that such a person is making an independent expenditure. Sections 30and 34 also raise the threshold for expenditures and contributions that
must be reported from $100 to $1,000. Section 16 of this bill defines
the term independent expenditure.

Sections 21 and 45 of this bill provide that fees
for filing declarations or acceptances of candidacy, repayments or forgiveness
of loans and the disposal of unspent contributions are considered, and must be
reported by candidates as, campaign expenses.

Sections 18, 20, 22, 26, 30-38 and 41 of this bill
provide that reporting requirements related to campaign finance are the same
for a general election, a primary election and a special election that is held
on the same day as a primary or general election.

Section 47 of this bill removes the requirement
that the Secretary of State obtain the advice and consent of the Legislative
Commission before making a copy of, or access to, the contribution, expenditure
and campaign expense forms designed by the Secretary of State available to a
candidate, person, committee, political party or nonprofit corporation.

Section 52 of this bill amends the required
content and due date of the compilation prepared by the Secretary of State of
contribution and campaign expense reports.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
293 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
person who is not a qualified elector and who votes or attempts to vote knowing
that he or she is not a qualified elector is guilty of a category D felony and
shall be punished as provided in NRS 193.130.

2. A
person who votes or attempts to vote using the name of another person is guilty
of a category D felony and shall be punished as provided in NRS 193.130.

Sec. 2. NRS
293.165 is hereby amended to read as follows:

293.165 1. Except as
otherwise provided in NRS 293.166, a vacancy occurring in a major or minor
political party nomination for a partisan office may be filled by a candidate
designated by the party central committee of the county or State, as the case
may be, of the major political party or by the executive committee of the minor
political party subject to the provisions of subsections [4]3 and [5.] 4.

2. A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after
the close of filing and [on or] before 5 p.m. of the [second
Tuesday in April must be filled by filing a nominating petition that is signed
by registered voters of the State, county, district or municipality who may
vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number
of persons who voted for the office in question in the State, county, district
or municipality at the last preceding general election.

sign the petition
must not be less than 1 percent of the number of persons who voted for the
office in question in the State, county, district or municipality at the last
preceding general election. The petition must be filed not earlier than the
first Tuesday in March and not later than the fourth Tuesday in April. The
petition may consist of more than one document. Each document must bear the
name of one county and must be signed only by a person who is a registered
voter of that county and who may vote for the office in question. Each document
of the petition must be submitted for verification pursuant to NRS 293.1276 to
293.1279, inclusive, to the county clerk of the county named on the document. A
candidate nominated pursuant to the provisions of this subsection:

(a) Must
file a declaration of candidacy or acceptance of candidacy and pay the
statutory filing fee on or before the date the petition is filed; and

(b) May
be elected only at a general election, and the candidates name must not appear
on the ballot for a primary election.

3. A
vacancy occurring in a nonpartisan nomination after 5 p.m. of the second
Tuesday in April and on or before 5 p.m. on the] fourth
Friday in June of the year in which the general election is held must be filled
by the person who receives or
received the next highest vote for the nomination in the primary[.] election if a primary election was held
for that nonpartisan office. If no primary election was held for that
nonpartisan office or if there was not more than one person who was seeking the
nonpartisan nomination in the primary election,

[4.]a person may become a candidate for the
nonpartisan office at the general election if the person files a declaration of
candidacy or acceptance of candidacy, and pays the fee required by NRS 293.193,
on or after 8 a.m. on the third Monday in June and before 5 p.m. on the fourth
Friday in June.

3. No
change may be made on the ballot for the general election after 5 p.m. on the
fourth Friday in June of the year in which the general election is held. If [a], after that time and date:

(a) A
nominee for a nonpartisan
office dies [after that time and date,]; or

(b) A
vacancy in the nomination is otherwise created,

Κthe
nominees name must remain on the ballot for the general election and, if
elected, a vacancy exists.

[5.]4. All designations provided for
in this section must be filed on or before 5 p.m. on the fourth Friday in June
of the year in which the general election is held. In each case, the statutory
filing fee must be paid and an acceptance of the designation must be filed on
or before 5 p.m. on the date the designation is filed.

Sec. 3. NRS
293.1725 is hereby amended to read as follows:

293.1725 1. Except as
otherwise provided in subsection 4, a minor political party that wishes to
place its candidates for partisan office on the ballot for a general election
and:

(a) Is entitled to do so pursuant to paragraph
(a) or (b) of subsection 2 of NRS 293.1715; or

(b) Files or will file a petition pursuant to
paragraph (c) of subsection 2 of NRS 293.1715,

Κ must file
with the Secretary of State a list of its candidates for partisan office not
earlier than the first Monday in March preceding the election nor later than 5
p.m. on the second Friday after the first Monday in March. The list must be signed by the person so authorized in the
certificate of existence of the minor political party before a notary public or
other person authorized to take acknowledgments.

list must be signed by the person so authorized in the
certificate of existence of the minor political party before a notary public or
other person authorized to take acknowledgments. The list may be amended not
later than 5 p.m. on the second Friday after the first Monday in March.

2. The Secretary of State shall
immediately forward a certified copy of the list of candidates for partisan
office of each minor political party to the filing officer with whom each
candidate must file his or her declaration of candidacy.

3. Each candidate on the list must file
his or her declaration of candidacy with the appropriate filing officer and pay
the fee required by NRS 293.193 not earlier than the date on which the list of
candidates for partisan office of the minor political party is filed with the Secretary
of State nor later than 5 p.m. on the second Friday after the first Monday in
March.

4. A minor political party that wishes to
place candidates for the offices of President and Vice President of the United
States on the ballot and has qualified to place the names of its candidates for
partisan office on the ballot for the general election pursuant to subsection 2
of NRS 293.1715 must file with the Secretary of State a certificate of
nomination for these offices not later than the [first]last Tuesday in [September.] August.

Sec. 4. NRS
293.175 is hereby amended to read as follows:

293.175 1. The primary
election must be held on the second Tuesday in June of each even-numbered year.

2. Candidates for partisan office of a
major political party and candidates for nonpartisan office must be nominated
at the primary election.

3. Candidates for partisan office of a
minor political party must be nominated in the manner prescribed pursuant to
NRS 293.171 to 293.174, inclusive.

4. Independent candidates for partisan
office must be nominated in the manner provided in NRS 293.200.

5. The provisions of NRS 293.175 to
293.203, inclusive[,
do not apply to:

(a) Special
elections] :

(a) Apply
to a special election to fill [vacancies.] a vacancy, except to the extent that
compliance with the provisions is not possible because of the time at which the
vacancy occurred.

(b) [The]Do not apply to the nomination
of the officers of incorporated cities.

(c) [The]Do not apply to the nomination
of district officers whose nomination is otherwise provided for by statute.

Sec. 5. NRS
293.187 is hereby amended to read as follows:

293.187 1. Not later than 5 working days after the
last day on which any candidate may withdraw his or her candidacy pursuant to
NRS 293.202:

(a) The
Secretary of State shall forward to each county clerk a certified list containing
the name and mailing address of each person for whom candidacy papers have been
filed in the Office of the Secretary of State, and who is entitled to be voted
for in the county at the next succeeding primary election, together with the
title of the office for which the person is a candidate and the party or
principles he or she represents[.
The Secretary of State shall forward the certified list not later than 5
working days after the last day upon which any candidate on the list may
withdraw his or her candidacy pursuant to NRS 293.202.] ; and

(b) Each
county clerk shall forward to the Secretary of State a certified list
containing the name and mailing address of each person for whom candidacy
papers have been filed in the office of the county clerk, and who is entitled
to be voted for in the county at the next succeeding primary election, together
with the title of the office for which the person is a candidate and the party
or principles he or she represents.

2. There must be a party designation only
for candidates for partisan offices.

Sec. 6. NRS
293.190 is hereby amended to read as follows:

293.190 [Immediately following]Not later than 15 days after the
primary election at which candidates are nominated for any public office[, the]:

1. The
Secretary of State shall certify to each county clerk the name of
each person nominated and the title of the office for which he or she is
nominated for all candidates required to file declarations, certificates and
acceptances of candidacies in the Office of the Secretary of State[.] ; and

2. Each
county clerk shall certify to the Secretary of State the name of each person
nominated and the title of the office for which he or she is nominated for all
candidates required to file declarations, certificates and acceptances of
candidacies in the office of the county clerk.

Sec. 7. NRS
293.200 is hereby amended to read as follows:

293.200 1. An independent
candidate for partisan office must file with the appropriate filing officer [:] as set forth in NRS 293.185:

(a) A copy of the petition of candidacy that he
or she intends to subsequently circulate for signatures. The copy must be filed
not earlier than the January 2 preceding the date of the election and not later
than 25 working days before the last day to file the petition pursuant to
subsection 4. The copy of the
petition must be filed with the appropriate filing officer before the petition
may be circulated for signatures.

(b) Either of the following:

(1) A petition of candidacy signed by a
number of registered voters equal to at least 1 percent of the total number of
ballots cast in:

(I) This State for that office at
the last preceding general election in which a person was elected to that
office, if the office is a statewide office;

(II) The county for that office at
the last preceding general election in which a person was elected to that
office, if the office is a county office; or

(III) The district for that office
at the last preceding general election in which a person was elected to that
office, if the office is a district office.

(2) A petition of candidacy signed by 250
registered voters if the candidate is a candidate for statewide office, or
signed by 100 registered voters if the candidate is a candidate for any office
other than a statewide office.

2. The petition may consist of more than
one document. Each document must bear the name of the county in which it was
circulated, and only registered voters of that county may sign the document. If
the office is not a statewide office, only the registered voters of the county,
district or municipality in question may sign the document. The documents that
are circulated for signature in a county must be submitted to that county clerk
for verification in the manner prescribed in NRS 293.1276 to 293.1279,
inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4.

petition pursuant to subsection 4. Each person who signs the
petition shall add to his or her signature the address of the place at which
the person actually resides, the date that he or she signs the petition and the
name of the county where he or she is registered to vote. The person who
circulates each document of the petition shall sign an affidavit attesting that
the signatures on the document are genuine to the best of his or her knowledge
and belief and were signed in his or her presence by persons registered to vote
in that county.

3. The petition of candidacy may state the
principle, if any, which the person qualified represents.

4. Petitions of candidacy must be filed
not earlier than the first Monday in March preceding the general election and
not later than 5 p.m. on the second Friday after the first Monday in March.

5. No petition of candidacy may contain
the name of more than one candidate for each office to be filled.

6. A person may not file as an independent
candidate if he or she is proposing to run as the candidate of a political
party.

7. The names of independent candidates
must be placed on the general election ballot and must not appear on the
primary election ballot.

8. If the candidacy of any person seeking
to qualify pursuant to this section is challenged, all affidavits and documents
in support of the challenge must be filed not later than 5 p.m. on the fourth
Monday in March. Any judicial proceeding resulting from the challenge must be
set for hearing not more than 5 days after the fourth Monday in March.

9. Any challenge pursuant to subsection 8
must be filed with:

(a) The First Judicial District Court if the
petition of candidacy was filed with the Secretary of State.

(b) The district court for the county where the
petition of candidacy was filed if the petition was filed with a county clerk.

10. An independent candidate for partisan
office must file a declaration of candidacy with the appropriate filing officer
and pay the fee required by NRS 293.193 not earlier than the first Monday in
March of the year in which the election is held nor later than 5 p.m. on the
second Friday after the first Monday in March.

Sec. 8. NRS
293.247 is hereby amended to read as follows:

293.247 1. The Secretary of
State shall adopt regulations, not inconsistent with the election laws of this
State, for the conduct of primary, general, special and district elections in
all cities and counties. Permanent regulations of the Secretary of State that
regulate the conduct of a primary, general, special or district election [that]and are effective on
or before [December 31 of the year]the last business day of February immediately
preceding a primary, general, special or district election govern the conduct
of that election.

2. The Secretary of State shall prescribe
the forms for a declaration of candidacy, certificate of candidacy, acceptance
of candidacy and any petition which is filed pursuant to the general election
laws of this State.

3. The regulations must prescribe:

(a) The duties of election boards;

(b) The type and amount of election supplies;

(c) The manner of printing ballots and the number
of ballots to be distributed to precincts and districts;

(d) The method to be used in distributing ballots
to precincts and districts;

(e) The method of inspection and the disposition
of ballot boxes;

(f) The form and placement of instructions to
voters;

(g) The recess periods for election boards;

(h) The size, lighting and placement of voting
booths;

(i) The amount and placement of guardrails and
other furniture and equipment at voting places;

(j) The disposition of election returns;

(k) The procedures to be used for canvasses,
ties, recounts and contests, including, without limitation, the appropriate use
of a paper record created when a voter casts a ballot on a mechanical voting
system that directly records the votes electronically;

(l) The procedures to be used to ensure the
security of the ballots from the time they are transferred from the polling
place until they are stored pursuant to the provisions of NRS 293.391 or
293C.390;

(m) The procedures to be used to ensure the security
and accuracy of computer programs and tapes used for elections;

(n) The procedures to be used for the testing,
use and auditing of a mechanical voting system which directly records the votes
electronically and which creates a paper record when a voter casts a ballot on
the system;

(o) The procedures to be used for the disposition
of absent ballots in case of an emergency;

(p) The acceptable standards for the sending and
receiving of applications, forms and ballots, by approved electronic transmission,
by the county clerks and the electors or registered voters who are authorized
to use approved electronic transmission pursuant to the provisions of this
title;

(q) The forms for applications to register to
vote and any other forms necessary for the administration of this title; and

(r) Such other matters as determined necessary by
the Secretary of State.

4. The Secretary of State may provide
interpretations and take other actions necessary for the effective
administration of the statutes and regulations governing the conduct of
primary, general, special and district elections in this State.

5. The Secretary of State shall prepare
and distribute to each county and city clerk copies of:

(a) Laws and regulations concerning elections in
this State;

(b) Interpretations issued by the Secretary of
States Office; and

(c) Any Attorney Generals opinions or any state
or federal court decisions which affect state election laws or regulations
whenever any of those opinions or decisions become known to the Secretary of
State.

Sec. 9. NRS
293.2725 is hereby amended to read as follows:

293.2725 1. Except as
otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 and in federal
law, a person who registers by mail or computer to vote in this State and who
has not previously voted in an election for federal office in this State:

(a) May vote at a polling place only if the
person presents to the election board officer at the polling place:

(1) A current and valid photo
identification of the person, which shows his or her physical address; or

(2) A copy of a current utility bill, bank
statement, paycheck, or document issued by a governmental entity, including a
check which indicates the name and address of the person, but not including a
voter registration card issued pursuant to NRS 293.517; and

(b) May vote by mail only if the person provides
to the county or city clerk:

(1) A copy of a current and valid photo
identification of the person, which shows his or her physical address; or

(2) A copy of a current utility bill, bank
statement, paycheck, or document issued by a governmental entity, including a
check which indicates the name and address of the person, but not including a
voter registration card issued pursuant to NRS 293.517.

Κ If there is
a question as to the physical address of the person, the election board officer
or clerk may request additional information.

2. The provisions of [this section]subsection 1 do not
apply to a person who:

(a) Registers to vote by mail and submits with an
application to register to vote:

(1) A copy of a current and valid photo
identification; or

(2) A copy of a current utility bill, bank
statement, paycheck, or document issued by a governmental entity, including a
check which indicates the name and address of the person, but not including a
voter registration card issued pursuant to NRS 293.517;

(b) [Registers]Except as otherwise provided in
subsection 3, registers to vote by mail or computer and submits with an application
to register to vote a drivers license number or at least the last four digits
of his or her social security number, if a state or local election official has
matched that information with an existing identification record bearing the
same number, name and date of birth as provided by the person in the
application;

(d) Is provided the right to vote otherwise than
in person under the Voting Accessibility for the Elderly and Handicapped Act,
42 U.S.C. §§ 1973ee et seq.; or

(e) Is entitled to vote otherwise than in person
under any other federal law.

3. The
provisions of subsection 1 apply to a person described in paragraph (b) of
subsection 2 if the voter registration card issued to the person pursuant to
subsection 6 of NRS 293.517 is mailed by the county clerk to the person and
returned to the county clerk by the United States Postal Service.

Sec. 10. NRS
293.368 is hereby amended to read as follows:

293.368 1. [Whenever]Except as otherwise provided in
subsection 3 of NRS 293.165, if a candidate [whose name appears upon]on the ballot at a
primary election dies after 5 p.m. of the second Tuesday in April, the deceased
candidates name must remain on the ballot and the votes cast for the deceased
candidate must be counted in determining the nomination for the office for
which the decedent was a candidate.

2. If the deceased candidate on the ballot
at the primary election receives the number of votes required to receive the
nomination to the office for which he or she was a candidate, except as
otherwise provided in subsection [3]2 of NRS 293.165, the
deceased candidate shall be deemed nominated and the
vacancy in the nomination must be filled as provided in NRS 293.165 or 293.166.

nominated and the vacancy in the nomination must be filled as
provided in NRS 293.165 or 293.166. If the deceased person was a candidate for
a nonpartisan office, the nomination must be filled pursuant to subsection 2 of
NRS 293.165.

3. Whenever a candidate whose name appears
upon the ballot at a general election dies after 5 p.m. on the fourth Friday in
June of the year in which the general election is held, the votes cast for the
deceased candidate must be counted in determining the results of the election
for the office for which the decedent was a candidate.

4. If the deceased candidate on the ballot
at the general election receives the majority of the votes cast for the office,
the deceased candidate shall be deemed elected and the office to which he or
she was elected shall be deemed vacant at the beginning of the term for which
he or she was elected. The vacancy thus created must be filled in the same
manner as if the candidate had died after taking office for that term.

Sec. 11. NRS
293.4687 is hereby amended to read as follows:

293.4687 1. The Secretary of
State shall maintain a website on the Internet for public information
maintained, collected or compiled by the Secretary of State that relates to
elections, which must include, without limitation:

(a) The Voters Bill of Rights required to be
posted on the Secretary of States Internet website pursuant to the provisions
of NRS 293.2549;

(b) The abstract of votes required to be posted
on a website pursuant to the provisions of NRS 293.388;

(c) A current list of the registered voters in
this State that also indicates the petition district in which each registered
voter resides;

(d) A map or maps indicating the boundaries of
each petition district; and

(e) All reports [on campaign contributions
and expenditures] submitted to the Secretary of State
pursuant to the provisions of chapter
294A of NRS .[294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210,
294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 and all reports on
contributions received by and expenditures made from a legal defense fund
submitted to the Secretary of State pursuant to NRS 294A.286.]

2. The abstract of votes required to be
maintained on the website pursuant to paragraph (b) of subsection 1 must be
maintained in such a format as to permit the searching of the abstract of votes
for specific information.

3. If the information required to be
maintained by the Secretary of State pursuant to subsection 1 may be obtained
by the public from a website on the Internet maintained by a county clerk or
city clerk, the Secretary of State may provide a hyperlink to that website to
comply with the provisions of subsection 1 with regard to that information.

Sec. 12. NRS
293.560 is hereby amended to read as follows:

293.560 1. Except as
otherwise provided in NRS 293.502, 293D.230 and 293D.300, registration must
close on the third Tuesday preceding any primary or general election and on the
third Saturday preceding any recall or special election, except that if a
recall or special election is held on the same day as a primary or general
election, registration must close on the third Tuesday preceding the day of the
elections.

2. For a primary or special election, the
office of the county clerk must be open until 7 p.m. during the last 2 days on
which registration is open. In a county whose population
is less than 100,000, the office of the county clerk may close at 5 p.m.

county whose population is less than 100,000, the office of
the county clerk may close at 5 p.m. during the last 2 days before registration
closes if approved by the board of county commissioners.

3. For a general election:

(a) In a county whose population is less than
100,000, the office of the county clerk must be open until 7 p.m. during the
last 2 days on which registration is open. The office of the county clerk may
close at 5 p.m. if approved by the board of county commissioners.

(b) In a county whose population is 100,000 or
more, the office of the county clerk must be open during the last 4 days on
which registration is open, according to the following schedule:

(1) On weekdays until 9 p.m.; and

(2) A minimum of 8 hours on Saturdays,
Sundays and legal holidays.

4. Except for a special election held
pursuant to chapter 306 or 350 of NRS:

(a) The county clerk of each county shall cause a
notice signed by him or her to be published in a newspaper having a general
circulation in the county indicating:

(1) The day and time that registration
will be closed; and

(2) If the county clerk has designated a
county facility pursuant to NRS 293.5035, the location of that facility.

Κ If no such
newspaper is published in the county, the publication may be made in a
newspaper of general circulation published in the nearest county in this State.

(b) The notice must be published once each week
for 4 consecutive weeks next preceding the close of registration for any
election.

5. The offices of the county clerk, a
county facility designated pursuant to NRS 293.5035 and other ex officio
registrars may remain open on the last Friday in October in each even-numbered
year.

6. For the period beginning on the fifth
Sunday preceding any primary or general election and ending on the third
Tuesday preceding any primary or general election, an elector may register to
vote only [by]:

(a) By
appearing in person at the office of the county clerk or, if
open, a county facility designated pursuant to NRS 293.5035[.] ; or

(b) By
computer, if the county clerk has established a system pursuant to NRS 293.506
for using a computer to register voters.

7. A county facility designated pursuant
to NRS 293.5035 may be open during the periods described in this section for
such hours of operation as the county clerk may determine, as set forth in
subsection 3 of NRS 293.5035.

Sec. 12.5. NRS
293C.115 is hereby amended to read as follows:

293C.115 1. The governing
body of a city incorporated pursuant to general law may by ordinance provide
for a primary city election and a general city election on:

(a) The dates set forth for primary elections and
general elections pursuant to the provisions of chapter 293 of NRS; or

(b) The dates set forth for primary city
elections and general city elections pursuant to the provisions of this
chapter.

2. If a governing body of a city adopts an
ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS
293.12755, in subsections 2 to [5,]4, inclusive, of NRS 293.165, and in NRS
293.175, 293.177, 293.345 and 293.368 apply for purposes of conducting the
primary city elections and general city elections of the city.

3. If a governing body of a city adopts an
ordinance pursuant to subsection 1:

(a) The term of office of any elected city
official may not be shortened as a result of the ordinance; and

(b) Each elected city official holds office until
the end of his or her term and until his or her successor has been elected and
qualified.

Sec. 13. Chapter
294A of NRS is hereby amended by adding thereto the provisions set forth as
sections 14 to 18, inclusive, of this act.

Sec. 14. Committee sponsored by a political party means any
committee, group or organization that is officially affiliated with a political
party and:

1. Makes
or intends to make contributions to candidates or other persons; or

2. Makes
or intends to make expenditures.

Sec. 15. General election includes:

1. A
general election, as defined in NRS 293.060; and

2. A
general city election, as defined in NRS 293.059.

Sec. 16. Independent expenditure means an expenditure which is made
by a person who is not under the direction or control of a candidate for
office, of a group of such candidates or of any person involved in the campaign
of a candidate or group and which is made for or against a candidate or group
and is not solicited or approved by a candidate or group.

Sec. 17.Primary election includes:

1. A
primary election, as defined in NRS 293.080; and

2. A
primary city election, as defined in NRS 293.079.

Sec. 18. If a special election is held on the same day as a primary
election or general election, any candidate, person, committee, political party
or nonprofit corporation that is otherwise required to file a report with the
Secretary of State pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200,
294A.210, 294A.220 or 294A.362 shall, in lieu of complying with the requirements
of those sections relating to a special election, comply with the requirements
of those sections relating to the primary election or general election, as
applicable, except that:

1. A
candidate, person, committee, political party or nonprofit corporation is not
required to file a report pursuant to NRS 294A.120, 294A.140, 294A.150,
294A.200, 294A.210, 294A.220 or 294A.362 that was due on or before the date on
which the call for the special election was issued; and

2. If
the special election is held on the same day as a primary election, the final
report for the special election that is required pursuant to NRS 294A.120,
294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 294A.362 is due on or
before the 15th day of the second month after the primary election.

Sec. 19.NRS
294A.002 is hereby amended to read as follows:

294A.002 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 294A.0025 to
294A.009, inclusive, and sections
14 to 17, inclusive, of this act have the meanings ascribed to
them in those sections.

Sec. 20. NRS
294A.0025 is hereby amended to read as follows:

294A.0025 Advocates expressly or
expressly advocates means that a communication, taken as a whole, is
susceptible to no other reasonable interpretation other
than as an appeal to vote for or against a clearly identified candidate or
group of candidates or a question or group of questions on the ballot at a
primary election, [primary city election,] general election [, general city
election] or special election.

interpretation other than as an appeal to vote for or against
a clearly identified candidate or group of candidates or a question or group of
questions on the ballot at a primary election, [primary city election,]
general election[,
general city election] or special election. A
communication does not have to include the words vote for, vote against,
elect, support or other similar language to be considered a communication
that expressly advocates the passage or defeat of a candidate or a question.

Sec. 21. NRS
294A.0035 is hereby amended to read as follows:

294A.0035 Campaign expenses means:

1. All expenses incurred by a candidate
for a campaign, including, without limitation:

(a) Office expenses;

(b) Expenses related to volunteers;

(c) Expenses related to travel;

(d) Expenses related to advertising;

(e) Expenses related to paid staff;

(f) Expenses related to consultants;

(g) Expenses related to polling;

(h) Expenses related to special events;

(i) Expenses related to a legal defense fund; [and]

(j) Contributions made to another candidate, a
nonprofit corporation that is registered or required to be registered pursuant
to NRS 294A.225, a committee for political action that is registered or
required to be registered pursuant to NRS 294A.230 or a committee for the
recall of a public officer that is registered or required to be registered
pursuant to NRS 294A.250[.] ;

(k) Fees
for filing declarations of candidacy or acceptances of candidacy; and

(l) Repayment
or forgiveness of a loan.

2. Expenditures, as defined in NRS
294A.0075.

3. The
disposal of any unspent contributions pursuant to NRS 294A.160.

Sec. 22. NRS
294A.0055 is hereby amended to read as follows:

294A.0055 1. Committee for
political action means any group of natural persons or entities that solicits
or receives contributions from any other person, group or entity and:

(a) Makes or intends to make contributions to
candidates or other persons; or

(b) Makes or intends to make expenditures,

Κ designed to
affect the outcome of any primary election, [primary city election,]
general election, [general city election,] special election
or question on the ballot.

2. Committee for political action does
not include:

(a) An organization made up of legislative
members of a political party whose primary purpose is to provide support for
their political efforts.

(b) An entity solely because it provides goods or
services to a candidate or committee in the regular course of its business at
the same price that would be provided to the general public.

(c) An individual natural person.

(d) An individual corporation or other business
organization who has filed articles of incorporation or other documentation of
organization with the Secretary of State pursuant to title 7 of NRS.

(f) A personal campaign committee or the personal
representative of a candidate who receives contributions or makes expenditures
that are reported as [campaign] contributions or expenditures
by the candidate.

(g) A committee for the recall of a public
officer.

Sec. 23. NRS
294A.007 is hereby amended to read as follows:

294A.007 1. Contribution
means a gift, loan, conveyance, deposit, payment, transfer or distribution of
money or of anything of value other than the services of a volunteer, and
includes:

(a) The payment by any person, other than a
candidate, of compensation for the personal services of another person which
are rendered to a:

(1) Candidate;

(2) Person who [is not under the
direction or control of a candidate or group of candidates or of any person
involved in the campaign of the candidate or group who]
makes an independent expenditure ;[on behalf of the
candidate or group which is not solicited or approved by the candidate or
group;] or

(3) Committee for political action,
political party or committee sponsored by a political party which makes an
expenditure [on behalf of]for or against a candidate or group of
candidates,

Κ without
charge to the candidate, person, committee or political party.

(b) The value of services provided in kind for
which money would have otherwise been paid, such as paid polling and resulting
data, paid direct mail, paid solicitation by telephone, any paid paraphernalia
that was printed or otherwise produced to promote a campaign and the use of
paid personnel to assist in a campaign.

2. As used in this section, volunteer
means a person who does not receive compensation of any kind, directly or
indirectly, for the services provided to a campaign.

Sec. 24. NRS
294A.0075 is hereby amended to read as follows:

294A.0075 Expenditures means:

1. [Those expenditures made]Money paid for
advertising or communication on
television, radio, billboards[,]or posters , [and]
in newspapers[;]or other periodicals or by mail; and

2. All other [expenditures made,] money paid,

Κ toadvocate
expressly the election or defeat of a clearly identified candidate or group of
candidates or the passage or defeat of a clearly identified question or group
of questions on the ballot, including any payments made to a candidate or any
person who is related to the candidate within the second degree of
consanguinity or affinity.

Sec. 25. NRS
294A.100 is hereby amended to read as follows:

294A.100 1. A person shall
not make or commit to make a contribution or contributions to a candidate for
any office, except a federal office, in an amount which exceeds $5,000 for the
primary election ,[or
primary city election,] regardless of the number of
candidates for the office, and $5,000 for the general election ,[or general city election,]
regardless of the number of candidates for the office, during the period:

(a) Beginning from 30 days before the regular
session of the Legislature immediately following the last general election for the office and ending 30
days before the regular session of the Legislature immediately following the
next general election
for the office, if that office is a state, district, county or township office;
or

(b) Beginning from 30 days after the lastelection for the office
and ending 30 days [before]after the next general city election for the
office, if that office is a city office.

2. A candidate shall not accept a
contribution or commitment to make a contribution made in violation of
subsection 1.

3. A person who willfully violates any
provision of this section is guilty of a category E felony and shall be
punished as provided in NRS 193.130.

Sec. 26. NRS
294A.120 is hereby amended to read as follows:

294A.120 1. Every candidate
for [state, district, county or township]
office at a primary election or
general election shall, not later than January 15 of each year, for the period
from January 1 of the previous year through December 31 of the previous year,
report:

(a) Each [campaign]
contribution in excess of $100 received during the period;

(b) Contributions received during the period from
a contributor which cumulatively exceed $100; and

(c) The total of all contributions received
during the period which are $100 or less and which are not otherwise required
to be reported pursuant to paragraph (b).

Κ The
provisions of this subsection apply to the candidate beginning the year of the
general election for that office through the year immediately preceding the
next general election for that office.

2. Every candidate for [state,
district, county or township] office at a primary election or general
election shall, [if the general election for the office for which he or she is
a candidate is held on or after January 1 and before the July 1 immediately following
that January 1,] not later than:

(a) Twenty-one days before the primary election
for that office, for the period from the January 1 immediately preceding the
primary election through 25 days before the primary election;

(b) Four days before the primary election for
that office, for the period from 24 days before the primary election through 5
days before the primary election;

(c) Twenty-one days before the general election
for that office, for the period from 4 days before the primary election through
25 days before the general election; and

(d) Four days before the general election for
that office, for the period from 24 days before the general election through 5
days before the general election,

Κ report each [campaign]
contribution described in subsection 1 received during the period. [The
report must be completed on the form designed and made available by the
Secretary of State pursuant to NRS 294A.373. Each form must be signed by the
candidate under an oath to God or penalty of perjury. A candidate who signs the
form under an oath to God is subject to the same penalties as if the candidate
had signed the form under penalty of perjury.

3. Every
candidate for state, district, county or township office at a primary or
general election shall, if the general election for the office for which he or
she is a candidate is held on or after July 1 and before the January 1
immediately following that July 1, not later than:

(a) Twenty-one
days before the primary election for that office, for the period from the
January 1 immediately preceding the primary election through 25 days before the
primary election;

(b) Four
days before the primary election for that office, for the period from 24 days
before the primary election through 5 days before the primary election;

(c) Twenty-one
days before the general election for that office, for the period from 4 days
before the primary election through 25 days before the general election; and

(d) Four
days before the general election for that office, for the period from 24 days
before the general election through 5 days before the general election,

Κ report
each campaign contribution described in subsection 1 received during the
period. The report must be completed on the form designed and made available by
the Secretary of State pursuant to NRS 294A.373. Each form must be signed by
the candidate under an oath to God or penalty of perjury. A candidate who signs
the form under an oath to God is subject to the same penalties as if the
candidate had signed the form under penalty of perjury.

4.]3. Except as
otherwise provided in [subsection]subsections 4 and 5[,]and section 18 of this act, every
candidate for [a district] office at a special election
shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special election, for
the period from the candidates nomination through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of the special
election,

Κ report each [campaign]
contribution described in subsection 1 received during the period. [The
report must be completed on the form designed and made available by the
Secretary of State pursuant to NRS 294A.373. Each form must be signed by the
candidate under an oath to God or penalty of perjury. A candidate who signs the
form under an oath to God is subject to the same penalties as if the candidate
had signed the form under penalty of perjury.

5. Every]

4. Except
as otherwise provided in subsection 5 and section 18 of this act, every candidate
for [state, district, county, municipal or township]
office at a special election to determine whether a public officer will be
recalled shall [list each of the campaign contributions received on the form
designed and made available by the Secretary of State pursuant to NRS 294A.373
and signed by the candidate under an oath to God or penalty of perjury, 30 days
after:

(a) The
special election,], not later than:

(a) Four
days before the beginning of early voting by personal appearance for the
special election, for the period from the [filing of]date the notice of
intent to circulate the petition for recall is filed pursuant to NRS 306.015 through the 5 days before the beginning of early
voting by personal appearance for the special election; [or]

(b) [A]Four days before the special election,
for the period from 4 days before the beginning of early voting by personal
appearance for the special election through 5 days before the special election;
and

(c) Thirty
days after the special election, for the remaining period through the date of
the special election,

Κ report
each contribution described in subsection 1 received during the period.

5. If
a district court determines that [the]a petition for
recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special
election to determine whether a public officer will be recalled shall, not
later than 30 days after the district court orders the officer with whom the
petition is filed to cease any further proceedings regarding the petition,
for the period from the filing of the notice of intent to circulate the
petition for recall through the date of the district courts [decision.

Κ A
candidate who signs the form under an oath to God is subject to the same
penalties as if the candidate had signed the form under penalty of perjury.] order, report each contribution
described in subsection 1 received during the period.

6. Except as otherwise provided in NRS
294A.3733, reports of campaign contributions must be filed electronically with
the Secretary of State.

7. A report shall be deemed to be filed on
the date that it was received by the Secretary of State.

8. The name and address of the contributor
and the date on which the contribution was received must be included on the report
for each contribution in excess of $100 and contributions which a contributor
has made cumulatively in excess of that amount since the beginning of the
current reporting period.

Sec. 27. NRS
294A.125 is hereby amended to read as follows:

294A.125 1. In addition to
complying with the requirements set forth in NRS 294A.120[,]and 294A.200 , [and 294A.360,]
a candidate who receives contributions in any year before the year in which the
general election [or general city election] in which the
candidate intends to seek election to public office is held shall, for:

(a) The year in which the candidate receives
contributions in excess of $10,000, list:

(1) Each of the contributions received and
the expenditures in excess of $100 made in that year; and

(2) The total of all contributions received
and expenditures which are $100 or less.

(b) Each year after the year in which the
candidate received contributions in excess of $10,000, until the year of the
general election [or general city election] in which the
candidate intends to seek election to public office is held, list:

(1) Each of the contributions received and
the expenditures in excess of $100 made in that year; and

(2) The total of all contributions
received and expenditures which are $100 or less.

2. [The reports required by
subsection 1 must be submitted on the form designed and made available by the
Secretary of State pursuant to NRS 294A.373. Each form must be signed by the
candidate under an oath to God or penalty of perjury. A candidate who signs the
form under an oath to God is subject to the same penalties as if the candidate
had signed the form under penalty of perjury.

3.] The
name and address of the contributor and the date on which the contribution was
received must be included on the list for each contribution in excess of $100
and contributions that a contributor has made cumulatively in excess of that
amount.

[4.]3. Except as otherwise provided
in NRS 294A.3733, the report must be filed electronically with the Secretary of
State.

[5.]4. A report shall be deemed to be
filed on the date it was received by the Secretary of State.

Sec. 28. NRS
294A.128 is hereby amended to read as follows:

294A.128 1. In addition to
complying with the requirements set forth in NRS 294A.120[,]and 294A.200 , [and 294A.360,]
a candidate who receives a loan which is guaranteed by a third party,
forgiveness of a loan previously made to the candidate or a written commitment
for a contribution shall, for the period covered by the report filed pursuant
to NRS 294A.120[,]or 294A.200 , [or 294A.360,]
report:

(a) If a loan received by the candidate was
guaranteed by a third party, the amount of the loan and the name and address of
each person who guaranteed the loan;

(b) If a loan received by the candidate was
forgiven by the person who made the loan, the amount that was forgiven and the
name and address of the person who forgave the loan; and

(c) If the candidate received a written
commitment for a contribution, the amount committed to be contributed and the
name and address of the person who made the written commitment.

2. [The reports required by
subsection 1 must be submitted on the form designed and made available by the
Secretary of State pursuant to NRS 294A.373. Each form must be signed by the
candidate under an oath to God or penalty of perjury. A candidate who signs the
form under an oath to God is subject to the same penalties as if the candidate
had signed the form under penalty of perjury.

3.] Except
as otherwise provided in NRS 294A.3733, the reports required by subsection 1
must be filed in the same manner and at the same time as the report filed
pursuant to NRS 294A.120[,]or 294A.200 . [or 294A.360.]

Sec. 29. NRS
294A.130 is hereby amended to read as follows:

294A.130 1. Every candidate [for
state, district, county, city or township office] shall,
not later than 1 week after receiving minimum [campaign]
contributions of $100, open and maintain a separate account in a financial
institution for the deposit of any [campaign]
contributions received. The candidate shall not commingle the money in the
account with money collected for other purposes.

2. The candidate may close the separate
account if the candidate:

(a) Was a candidate in a special election, after
that election;

(b) Lost in the primary election, after the
primary election; or

(c) Won the primary election, after the general
election,

Κ and as soon
as all payments of money committed have been made.

Sec. 30. NRS
294A.140 is hereby amended to read as follows:

294A.140 1. The provisions of this section apply to:

(a) Every
person who [is not under the direction or control of a candidate for
office at a primary election, primary city election, general election or
general city election, of a group of such candidates or of any person involved
in the campaign of that candidate or group who] makes an independent expenditure [on behalf of the candidate or group which is not
solicited or approved by the candidate or group, and every] in excess of
$1,000; and

expenditure [on behalf of the candidate or group which is not solicited or
approved by the candidate or group, and every]in excess of $1,000; and

(b) Every
committee for political action, political party and committee
sponsored by a political party which receives contributions in excess of [$100]$1,000 or makes an
expenditure [on behalf of such]for or against a candidate for office or a group of such candidates.

2. Every
person, committee and political party described in subsection 1 shall,
not later than January 15 of each year that the provisions of this subsection
apply ,[to
the person, committee or political party,] for the period
from January 1 of the previous year through December 31 of the previous year,
report each [campaign] contribution in excess of [$100]$1,000 received
during the period and contributions received during the period from a
contributor which cumulatively exceed [$100.]$1,000. The
provisions of this subsection apply to the person, committee or political party
beginning the year of the general election [or general city election]
for that office through the year immediately preceding the next general
election [or general city election] for that
office.

[2.]3. Every person, committee [or]and political party
described in subsection 1 [which makes an expenditure on behalf of the candidate for
office at a primary election, primary city election, general election or
general city election or on behalf of a group of such candidates shall, if the
general election or general city election for the office for which the
candidate or a candidate in the group of candidates seeks election is held on
or after January 1 and before the July 1 immediately following that January 1,]shall, not later
than:

(a) Twenty-one days before the primary election [or
primary city election] for that office, for the period
from the January 1 immediately preceding the primary election [or
primary city election] through 25 days before the primary
election ;[or
primary city election;]

(b) Four days before the primary election [or
primary city election] for that office, for the period
from 24 days before the primary election [or primary city election]
through 5 days before the primary election ;[or primary city election;]

(c) Twenty-one days before the general election [or
general city election] for that office, for the period
from 4 days before the primary election [or primary city election]
through 25 days before the general election ;[or general city election;]
and

(d) Four days before the general election [or
general city election] for that office, for the period
from 24 days before the general election [or general city election]
through 5 days before the general election ,[or general city election,]

Κ report each [campaign]
contribution in excess of [$100]$1,000 received during the period and
contributions received during the period from a contributor which cumulatively
exceed [$100.The report must be completed on the form
designed and made available by the Secretary of State pursuant to NRS 294A.373.
The form must be signed by the person or a representative of the committee or
political party under an oath to God or penalty of perjury. A person who signs
the form under an oath to God is subject to the same penalties as if the person
had signed the form under penalty of perjury.

3. The
name and address of the contributor and the date on which the contribution was
received must be included on the report for each contribution in excess of $100 and contributions which a
contributor has made cumulatively in excess of $100 since the beginning of the
current reporting period.

contribution in
excess of $100 and contributions which a contributor has made cumulatively in
excess of $100 since the beginning of the current reporting period.

4. Every
person, committee or political party described in subsection 1 which makes an
expenditure on behalf of a candidate for office at a primary election, primary
city election, general election or general city election or on behalf of a
group of such candidates shall, if the general election or general city
election for the office for which the candidate or a candidate in the group of
candidates seeks election is held on or after July 1 and before the January 1
immediately following that July 1, not later than:

(a) Twenty-one
days before the primary election or primary city election for that office, for
the period from the January 1 immediately preceding the primary election or
primary city election through 25 days before the primary election or primary
city election;

(b) Four
days before the primary election or primary city election for that office, for
the period from 24 days before the primary election or primary city election
through 5 days before the primary election or primary city election;

(c) Twenty-one
days before the general election or general city election for that office, for
the period from 4 days before the primary election or primary city election
through 25 days before the general election or general city election; and

(d) Four
days before the general election or general city election for that office, for
the period from 24 days before the general election or general city election
through 5 days before the general election or general city election,

Κ report
each campaign contribution in excess of $100 received during the period and
contributions received during the period from a contributor which cumulatively
exceed $100. The report must be completed on the form designed and made
available by the Secretary of State pursuant to NRS 294A.373. The form must be
signed by the person or a representative of the committee or political party
under an oath to God or penalty of perjury. A person who signs the form under
an oath to God is subject to the same penalties as if the person had signed the
form under penalty of perjury.

5.]$1,000.

4. Except
as otherwise provided in [subsection 6,]subsections 5 and 6 and section 18 of this act, every
person, committee [or]and political party described in subsection 1
which makes an independent
expenditure or other expenditure [on behalf of], as applicable, for or against a
candidate for office at a special election or [on behalf of]for or against a
group of such candidates shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special [election
for the office for which the candidate or a candidate in the group of
candidates seeks] election, for the period from the
nomination of the candidate through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of the special
election,

Κ report each [campaign]
contribution in excess of [$100]$1,000 received during the period and
contributions received during the period from a contributor
which cumulatively exceed [$100.

contributor which cumulatively exceed [$100.The report
must be completed on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373. The form must be signed by the person or a
representative of the committee or political party under an oath to God or
penalty of perjury. A person who signs the form under an oath to God is subject
to the same penalties as if the person had signed the form under penalty of
perjury.

6. Every]$1,000.

5. Except
as otherwise provided in subsection 6 and section 18 of this act, every person,
committee [or]and political party described in subsection 1
which makes an independent
expenditure or other expenditure [on behalf of], as applicable, for or against a
candidate for office at a special election to determine whether a public
officer will be recalled or [on behalf of]for or against a group of candidates for
offices at such special elections shall , not later than:

(a) Four
days before the beginning of early voting by personal appearance for the
special election, for the period from the date the notice of intent to
circulate a petition to recall is filed pursuant to NRS 306.015 through 5 days
before the beginning of early voting by personal appearance for the special
election;

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of
the special election,

Κreport
each contribution in excess of [$100]$1,000 received during the period and
contributions received during the period from a contributor which cumulatively
exceed [$100.The report must be completed on the form
designed and made available by the Secretary of State pursuant to NRS 294A.373
and signed by the person or a representative of the committee or political
party under an oath to God or penalty of perjury, 30 days after:

(a) The
special election, for the period from the filing of the notice of intent to
circulate the petition for recall through the special election; or

(b)]$1,000.

6. If
[the special election is not held because]
a district court determines that [the]a petition for recall is
legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political
party described in subsection 1 which makes an independent expenditure or other
expenditure, as applicable, for or against a candidate for office at a special
election to determine whether a public officer will be recalled or for or
against a group of candidates for offices at such a special election shall, not
later than 30 days after the district court orders the officer with whom the petition
is filed to cease any further proceedings regarding the petition, for
the period from the filing of the notice of intent to circulate the petition
for recall through the date of the district courts [decision.

Κ A person
who signs the form under an oath to God is subject to the same penalties as if
the person had signed the form under penalty of perjury.] order, report each contribution in
excess of $1,000 received during the period and contributions received during
the period which cumulatively exceed $1,000.

7. Except as otherwise provided in NRS
294A.3737, the reports of contributions required pursuant to this section must
be filed electronically with the Secretary of State.

8. A report shall be deemed to be filed on
the date that it was received by the Secretary of State.

9. Every person, committee[or]and political partydescribed in [subsection
1]this
section shall file a report required by this section even if the
person, committeeor
political party receives no contributions.

10. The
name and address of the contributor and the date on which the contribution was
received must be included on the report for each contribution in excess of
$1,000 and contributions which a contributor has made cumulatively in excess of
$1,000 since the beginning of the current reporting period.

Sec. 31. NRS
294A.150 is hereby amended to read as follows:

294A.150 1. Every committee
for political action that advocates the passage or defeat of a question or
group of questions on the ballot at a primary election[, primary city election,]or general election [or
general city election] shall, not later than January 15 of
each year that the provisions of this subsection apply to the committee for
political action, for the period from January 1 of the previous year through
December 31 of the previous year, report each [campaign]
contribution in excess of $1,000 received during that period and contributions
received during the period from a contributor which cumulatively exceed $1,000.
[The report must be completed on the form designed and made
available by the Secretary of State pursuant to NRS 294A.373. The form must be
signed by a representative of the committee for political action under an oath
to God or penalty of perjury. A person who signs the form under an oath to God
is subject to the same penalties as if the person had signed the form under
penalty of perjury.] The provisions of this subsection
apply to the committee for political action:

(a) Each year in which an election [or
city election] is held for each question for which the
committee for political action advocates passage or defeat; and

(b) The year after the year described in
paragraph (a).

2. [If a question is on the
ballot at a primary election or primary city election and the general election
or general city election immediately following that primary election or primary
city election is held on or after January 1 and before the July 1 immediately
following that January 1, every committee for political action that advocates
the passage or defeat of the question or a group of questions that includes the
question shall comply with the requirements of this subsection. If a question
is on the ballot at a general election or general city election held on or
after January 1 and before the July 1 immediately following that January 1,
every committee for political action that advocates the passage or defeat of the
question or a group of questions that includes the question shall comply with
the requirements of this subsection.] A committee for
political action described in [this] subsection 1 shall, not later than:

(a) Twenty-one days before the primary election , [or primary city election,]
for the period from the January 1 immediately preceding the primary election [or
primary city election] through 25 days before the primary
election ; [or
primary city election;]

(b) Four days before the primary election , [or primary city election,]
for the period from 24 days before the primary election [or primary city election]
through 5 days before the primary election ; [or primary city election;]

(c) Twenty-one days before the general election ,[or general city election,]
for the period from 4 days before the primary election [or primary city election]
through 25 days before the general election ; [or general city election;]
and

(d) Four days before the general election ,[or general city election,]
for the period from 24 days before the general election [or general city election]
through 5 days before the general election , [or general city election,]

Κ report each [campaign]
contribution in excess of $1,000 received during the period and contributions
received during the period from a contributor which cumulatively exceed $1,000.
[The report must be completed on the form designed and made
available by the Secretary of State pursuant to NRS 294A.373 and signed by a
representative of the committee for political action under an oath to God or
penalty of perjury. A person who signs the form under an oath to God is subject
to the same penalties as if the person had signed the form under penalty of
perjury.

3. The
name and address of the contributor and the date on which the contribution was
received must be included on the report for each contribution in excess of
$1,000 and contributions which a contributor has made cumulatively in excess of
that amount since the beginning of the current reporting period.

4. If
a question is on the ballot at a primary election or primary city election and
the general election or general city election immediately following that
primary election or primary city election is held on or after July 1 and before
the January 1 immediately following that July 1, every committee for political
action that advocates the passage or defeat of the question or a group of
questions that includes the question shall comply with the requirements of this
subsection. If a question is on the ballot at a general election or general
city election held on or after July 1 and before the January 1 immediately
following that July 1, every committee for political action that advocates the
passage or defeat of the question or a group of questions that includes the
question shall comply with the requirements of this subsection. A committee for
political action described in this subsection shall, not later than:

(a) Twenty-one
days before the primary election or primary city election, for the period from
the January 1 immediately preceding the primary election or primary city
election through 25 days before the primary election or primary city election;

(b) Four
days before the primary election or primary city election, for the period from
24 days before the primary election or primary city election through 5 days
before the primary election or primary city election;

(c) Twenty-one
days before the general election or general city election, for the period from
4 days before the primary election or primary city election through 25 days
before the general election or general city election; and

(d) Four
days before the general election or general city election, for the period from
24 days before the general election or general city election through 5 days
before the general election or general city election,

Κ report
each campaign contribution in excess of $1,000 received during the period and
contributions received during the period from a contributor which cumulatively
exceed $1,000. The report must be completed on the form designed and made
available by the Secretary of State pursuant to NRS 294A.373. The form must be
signed by a representative of the committee for political action under an oath to God or penalty of perjury.

political action
under an oath to God or penalty of perjury. A person who signs the form under
an oath to God is subject to the same penalties as if the person had signed the
form under penalty of perjury.

5. Except
as otherwise provided in subsection 6, every]

3. Except
as otherwise provided in section 18 of this act, every committee
for political action that advocates the passage or defeat of a question or
group of questions on the ballot at a special election shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special election, for
the period from the date that the question qualified for the ballot through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of the special
election,

Κ report each [campaign]
contribution in excess of $1,000 received during the period and contributions
received during the period from a contributor which cumulatively exceed $1,000.
[The report must be completed on the form designed and made
available by the Secretary of State pursuant to NRS 294A.373. The form must be
signed by a representative of the committee for political action under an oath
to God or penalty of perjury. A person who signs the form under an oath to God
is subject to the same penalties as if the person had signed the form under
penalty of perjury.

6. Every
committee for political action that advocates the passage or defeat of a
question or group of questions on the ballot at a special election to determine
whether a public officer will be recalled shall report each of the contributions
received on the form designed and made available by the Secretary of State
pursuant to NRS 294A.373 and signed by a representative of the committee for
political action under an oath to God or penalty of perjury, 30 days after:

(a) The
special election, for the period from the filing of the notice of intent to
circulate the petition for recall through the special election; or

(b) If
the special election is not held because a district court determines that the
petition for recall is legally insufficient pursuant to subsection 6 of NRS
306.040, for the period from the filing of the notice of intent to circulate
the petition for recall through the date of the district courts decision.

Κ A person
who signs the form under an oath to God is subject to the same penalties as if
the person had signed the form under penalty of perjury.

7.]4. The provisions of this section apply to
a committee for political action even if the question or group of questions
does not appear on the ballot at a primary, general or special election.

5. Except
as otherwise provided in NRS 294A.3737, the reports required pursuant to this
section must be filed electronically with the Secretary of State.

[8.]6. A report shall be deemed to be
filed on the date that it was received by the Secretary of State.

[9.]7. If the committee for political
action is advocating passage or defeat of a group of questions, the reports
must be itemized by question or petition.

294A.160 1. It is unlawful
for a candidate to spend money received as a [campaign]
contribution for the candidates personal use.

2. Notwithstanding the provisions of NRS
294A.286, a candidate or public officer may use [campaign]
contributions to pay for any legal expenses that the candidate or public
officer incurs in relation to a campaign or serving in public office without
establishing a legal defense fund. Any such candidate or public officer shall
report any expenditure of [campaign] contributions to pay for legal
expenses in the same manner and at the same time as the report filed pursuant
to NRS 294A.120[,]or 294A.200 . [or 294A.360.]
A candidate or public officer shall not use [campaign]
contributions to satisfy a civil or criminal penalty imposed by law.

3. Every candidate for [a
state, district, county, city or township] office at a
primary[,]election, general[, primary city, general
city]election
or special election who is elected to that office and received
contributions that were not spent or committed for expenditure before the
primary[,]election, general[, primary city, general
city]election
or special election shall dispose of the money through one or any
combination of the following methods:

(a) Return the unspent money to contributors;

(b) Use the money in the candidates next
election or for the payment of other expenses related to public office or his
or her campaign, regardless of whether he or she is a candidate for a different
office in the candidates next election;

(c) Contribute the money to:

(1) The campaigns of other candidates for
public office or for the payment of debts related to their campaigns;

(2) A political party; or

(3) Any combination of persons or groups
set forth in subparagraphs (1) and (2);

(d) Donate the money to any tax-exempt nonprofit
entity; or

(e) Donate the money to any governmental entity
or fund of this State or a political subdivision of this State. A candidate who
donates money pursuant to this paragraph may request that the money be used for
a specific purpose.

4. Every candidate for [a
state, district, county, city or township] office at a
primary[,]election, general[, primary city, general
city]election
or special election who withdraws after filing a declaration of
candidacy or an acceptance of candidacy or is defeated for that office and who
received contributions that were not spent or committed for expenditure before
the primary[,]election, general[, primary city, general
city]election
or special election shall, not later than the 15th day of the
second month after the election, dispose of the money through one or any
combination of the following methods:

(a) Return the unspent money to contributors;

(b) Contribute the money to:

(1) The campaigns of other candidates for
public office or for the payment of debts related to their campaigns;

(2) A political party; or

(3) Any combination of persons or groups
set forth in subparagraphs (1) and (2);

(d) Donate the money to any governmental entity
or fund of this State or a political subdivision of this State. A candidate who
donates money pursuant to this paragraph may request that the money be used for
a specific purpose.

5. Every candidate for [a
state, district, county, city or township] office who
withdraws after filing a declaration of candidacy or an acceptance of candidacy
or is defeated for that office at a primary [or primary city]
election and received a contribution from a person in excess of $5,000 shall,
not later than the 15th day of the second month after the primary election, return any money in excess
of $5,000 to the contributor.

6. Except as otherwise provided in
subsection 7, every public officer who:

(a) [Holds a state, district,
county, city or township office;

(b)] Does
not run for reelection to [that]the office which he or she holds and is not a candidate
for any other office; and

[(c)](b) Has contributions that are not spent
or committed for expenditure remaining from a previous election,

Κ shall, not
later than the 15th day of the second month after the expiration of the public
officers term of office, dispose of those contributions in the manner provided
in subsection 3.

7. A public officer who:

(a) [Holds a state, district,
county, city or township office;

(b)] Does
not run for reelection to [that]the office which he or she holds and is a candidate for
any other office; and

[(c)](b) Has contributions that are not spent
or committed for expenditure remaining from a previous election,

Κ may use the
unspent [campaign] contributions in a future
election. Such a public officer is subject to the reporting requirements set
forth in NRS 294A.120, 294A.125, 294A.128, 294A.200[, 294A.360]
and 294A.362 for as long as the public officer is a candidate for any office.

8. In addition to the methods for
disposing the unspent money set forth in subsections 3, 4, 5 and 7, a Legislator
may donate not more than $500 of that money to the Nevada Silver Haired
Legislative Forum created pursuant to NRS 427A.320.

9. Any contributions received before a
candidate for [a state, district, county, city or township]
office at a primary[,]election, general[, primary city, general
city]election
or special election dies that were not spent or committed for
expenditure before the death of the candidate must be disposed of in the manner
provided in subsection 3.

10. The court shall, in addition to any
penalty which may be imposed pursuant to NRS 294A.420, order the candidate or
public officer to dispose of any remaining contributions in the manner provided
in this section.

11. As used in this section,
contributions include any interest and other income earned thereon.

Sec. 33. NRS
294A.200 is hereby amended to read as follows:

294A.200 1. Every candidate
for [state, district, county or township]
office at a primary election or
general election shall, not later than January 15 of each year, for the period
from January 1 of the previous year through December 31 of the previous year,
report:

(a) Each of the campaign expenses in excess of
$100 incurred during the period;

(b) Each amount in excess of $100 disposed of
pursuant to NRS 294A.160 or subsection [4]3 of NRS 294A.286 during
the period;

(c) The total of all campaign expenses incurred
during the period which are $100 or less; and

(d) The total of all amounts disposed of during
the period pursuant to NRS 294A.160 or subsection [4]3 of NRS 294A.286 which
are $100 or less . [,

Κ on the
form designed and made available by the Secretary of State pursuant to NRS
294A.373. The form must be signed by the candidate under an oath to God or
penalty of perjury. A candidate who signs the form under an oath to God is
subject to the same penalties as if the candidate had signed the form under
penalty of perjury.]

2. The provisions of subsection 1 apply to
the candidate:

(a) Beginning the year of the general election
for that office through the year immediately preceding the next general
election for that office; and

(b) Each year immediately succeeding a calendar year
during which the candidate disposes of contributions pursuant to NRS 294A.160
or 294A.286.

3. Every candidate for [state,
district, county or township] office at a primary election or general
election shall, [if the general election for the office for which he or she is
a candidate is held on or after January 1 and before the July 1 immediately
following that January 1,] not later than:

(a) Twenty-one days before the primary election
for that office, for the period from the January 1 immediately preceding the
primary election through 25 days before the primary election;

(b) Four days before the primary election for
that office, for the period from 24 days before the primary election through 5
days before the primary election;

(c) Twenty-one days before the general election
for that office, for the period from 4 days before the primary election through
25 days before the general election; and

(d) Four days before the general election for
that office, for the period from 24 days before the general election through 5
days before the general election,

Κ report each
of the campaign expenses described in subsection 1 incurred during the period .[on the form designed and
made available by the Secretary of State pursuant to NRS 294A.373. Each form
must be signed by the candidate under an oath to God or penalty of perjury. A
candidate who signs the form under an oath to God is subject to the same
penalties as if the candidate had signed the form under penalty of perjury.

4. Every candidate for state, district, county or
township office at a primary or general election shall, if the general election
for the office for which he or she is a candidate is held on or after July 1
and before the January 1 immediately following that July 1, not later than:

(a) Twenty-one
days before the primary election for that office, for the period from the
January 1 immediately preceding the primary election through 25 days before the
primary election;

(b) Four
days before the primary election for that office, for the period from 24 days
before the primary election through 5 days before the primary election;

(c) Twenty-one
days before the general election for that office, for the period from 4 days
before the primary election through 25 days before the general election; and

(d) Four
days before the general election for that office, for the period from 24 days
before the general election through 5 days before the general election,

Κ report
each of the campaign expenses described in subsection 1 incurred during the
period on the form designed and made available by the Secretary of State
pursuant to NRS 294A.373. The form must be signed by the candidate under an
oath to God or penalty of perjury. A candidate who signs the form under an oath
to God is subject to the same penalties as if the candidate had signed the form
under penalty of perjury.

5.]4. Except as
otherwise provided in [subsection 6,]subsections 5 and 6 and section 18 of this act, every
candidate for [a district] office at a special election
shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special election, for
the period from the candidates nomination through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of the special
election,

Κ report each
of the campaign expenses described in subsection 1 incurred during the period .[on the form designed and
made available by the Secretary of State pursuant to NRS 294A.373. Each form
must be signed by the candidate under an oath to God or penalty of perjury. A
candidate who signs the form under an oath to God is subject to the same
penalties as if the candidate had signed the form under penalty of perjury.

6. Every]

5. Except
as otherwise provided in subsection 6 and section 18 of this act, every candidate
for [state, district, county, municipal or township]
office at a special election to determine whether a public officer will be
recalled shall [report each of the campaign expenses described in subsection
1 incurred on the form designed and made available by the Secretary of State
pursuant to NRS 294A.373 and signed by the candidate under an oath to God or
penalty of perjury, 30 days after:

(a) The], not later than:

(a) Four
days before the beginning of early voting by personal appearance for the special
election, for the period from the [filing of]date the notice of
intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early
voting by personal appearance for the special election; [or]

(b) [If]Four days before the
special election [is not held because] , for the period from 4 days before the beginning of early
voting by personal appearance for the special election through 5 days before
the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of
the special election,

Κ report
each of the campaign expenses described in subsection 1 incurred during the
period.

6. If
a district court determines that [the]a petition for
recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special
election to determine whether a public officer will be recalled shall, not later than 30 days after the district
orders the officer with whom the petition is filed to cease any further
proceedings regarding the petition, for the period from the filing of the
notice of intent to circulate the petition for recall through the date of the
district courts [decision.

recalled shall,
not later than 30 days after the district orders the officer with whom the
petition is filed to cease any further proceedings regarding the petition, for
the period from the filing of the notice of intent to circulate the petition
for recall through the date of the district courts [decision.

Κ A candidate
who signs the form under an oath to God is subject to the same penalties as if
the candidate had signed the form under penalty of perjury.] order, report each of the campaign
expenses described in subsection 1 incurred during the period.

7. Except as otherwise provided in NRS
294A.3733, reports of campaign expenses must be filed electronically with the
Secretary of State.

8. A report shall be deemed to be filed on the
date that it was received by the Secretary of State.

Sec. 34. NRS
294A.210 is hereby amended to read as follows:

294A.210 1. The provisions of this section apply to:

(a) Every
person who [is not under the direction or control of a candidate for an
office at a primary election, primary city election, general election or general
city election, of a group of such candidates or of any person involved in the
campaign of that candidate or group who] makes an independent expenditure [on
behalf of the candidate or group which is not solicited or approved by the
candidate or group, and every] in excess of $1,000; and

(b) Every
committee for political action, political party [or] and committee sponsored
by a political party which receives contributions in excess of [$100]$1,000 or makes an
expenditure [on behalf of such]for or against a candidate for office or a group of such candidates.

2. Every
person, committee and political party described in subsection 1 shall,
not later than January 15 of each year that the provisions of this subsection
apply to the person, committee or political party, for the period from January
1 of the previous year through December 31 of the previous year, report each independent expenditure or other expenditure
, as applicable, made
during the period [on behalf of the candidate, the group of candidates or a
candidate in the group of candidates] in excess of [$100on the form designed and made available by the Secretary of State pursuant
to NRS 294A.373. The form must be signed by the person or a representative of
the committee or political party under an oath to God or penalty of perjury. A
person who signs the form under an oath to God is subject to the same penalties
as if the person had signed the form under penalty of perjury.]$1,000 and independent
expenditures or other expenditures, as applicable, made during the period to
one recipient which cumulatively exceed $1,000. The provisions of
this subsection apply to the person, committee or political party beginning the
year of the general election [or general city election] for that
office through the year immediately preceding the next general election [or
general city election] for that office.

[2.]3. Every person, committee [or]and political party
described in subsection 1 [which makes an expenditure on behalf of a candidate for
office at a primary election, primary city election, general election or
general city election or a group of such candidates shall, if the general
election or general city election for the office for which the candidate or a
candidate in the group of candidates seeks election is held on or after January
1 and before the July 1 immediately following that January 1,]shall, not later
than:

(a) Twenty-one days before the primary election [or
primary city election] for that office, for the period
from the January 1 immediately preceding the primary
election [or primary city election] through 25 days before the primary election
; [or primary city election;]

preceding the primary election [or primary city election]
through 25 days before the primary election ;[or primary city election;]

(b) Four days before the primary election [or
primary city election] for that office, for the period
from 24 days before the primary election [or primary city election]
through 5 days before the primary election ;[or primary city election;]

(c) Twenty-one days before the general election [or
general city election] for that office, for the period
from 4 days before the primary election [or primary city election]
through 25 days before the general election ;[or general city election;]
and

(d) Four days before the general election [or
general city election] for that office, for the period
from 24 days before the general election [or general city election]
through 5 days before the general election ,[or general city election,]

Κ report each independent expenditure or other expenditure
, as applicable, in excess of
$1,000 made during the period [on behalf of the
candidate, the group of candidates or a candidate in the group of candidates in
excess of]
and independent expenditures or other expenditures, as applicable, made during
the period to one recipient which cumulatively exceed[$100
on the form designed and made available by the Secretary of State pursuant to
NRS 294A.373. The form must be signed by the person or a representative of the
committee or political party under an oath to God or penalty of perjury. A
person who signs the form under an oath to God is subject to the same penalties
as if the person had signed the form under penalty of perjury.

3. Every
person, committee or political party described in subsection 1 which makes an
expenditure on behalf of a candidate for office at a primary election, primary
city election, general election or general city election or on behalf of a
group of such candidates shall, if the general election or general city
election for the office for which the candidate or a candidate in the group of
candidates seeks election is held on or after July 1 and before the January 1
immediately following that July 1, not later than:

(a) Twenty-one
days before the primary election or primary city election for that office, for
the period from the January 1 immediately preceding the primary election or
primary city election through 25 days before the primary election or primary city
election;

(b) Four
days before the primary election or primary city election for that office, for
the period from 24 days before the primary election or primary city election
through 5 days before the primary election or primary city election;

(c) Twenty-one
days before the general election or general city election for that office, for
the period from 4 days before the primary election or primary city election
through 25 days before the general election or general city election; and

(d) Four
days before the general election or general city election for that office, for
the period from 24 days before the general election or general city election
through 5 days before the general election or general city election,

Κ report
each expenditure made during the period on behalf of the candidate, the group
of candidates or a candidate in the group of candidates in excess of $100 on
the form designed and made available by the Secretary of State pursuant to NRS
294A.373. The form must be signed by the person or a representative of the
committee or political party under an oath to God or penalty of perjury.

penalty of
perjury. A person who signs the form under an oath to God is subject to the
same penalties as if the person had signed the form under penalty of perjury.] $1,000.

4. Except as otherwise provided in [subsection
5,]subsections
5 and 6 and section 18 of this act, every person, committee [or]and political party
described in subsection 1 which makes an independent expenditure or other expenditure [on
behalf of],
as applicable, for or against a candidate for office at a special
election or [on behalf of]for or against a group of such candidates
shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special [election
for the office for which the candidate or a candidate in the group of
candidates seeks] election, for the period from the
nomination of the candidate through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of the special
election,

Κ report each independent expenditure or other expenditure
, as applicable, in excess of
$1,000 made during the period [on behalf of the
candidate, the group of candidates or a candidate in the group of candidates in
excess of $100 on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373. The form must be signed by the person or a
representative of the committee or political party under an oath to God or
penalty of perjury. A person who signs the form under an oath to God is subject
to the same penalties as if the person had signed the form under penalty of
perjury.] and
independent expenditures or other expenditures, as applicable, made during the
period to one recipient which cumulatively exceed $1,000.

5. [Every]Except as otherwise provided in
subsection 6 and section 18 of this act, every person, committee [or]and political party
described in subsection 1 which makes an independent expenditure or other expenditure [on
behalf of],
as applicable, for or against a candidate for office at a special
election to determine whether a public officer will be recalled or [on
behalf of]for
or against a group of such candidates shall [list each expenditure
made on behalf of the candidate, the group of candidates or a candidate in the
group of candidates in excess of $100 on the form designed and made available
by the Secretary of State pursuant to NRS 294A.373 and signed by the person or
a representative of the committee or political party under an oath to God or
penalty of perjury, 30 days after:

(a) The], not later than:

(a) Four
days before the beginning of early voting by personal appearance for the special
election, for the period from the [filing of]date the notice of
intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early
voting by personal appearance for the special election; [or]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of
the special election,

Κ report
each independent expenditure or other expenditure, as applicable, in excess of
$1,000 made during the period and independent expenditures or other expenditures,
as applicable, made during the period to one recipient which cumulatively
exceed $1,000.

6. If
[the special election is not held because]
a district court determines that the petition for recall is legally
insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and party described in subsection 1
which makes an independent expenditure or other expenditure, as applicable, for
or against a candidate for office at a special election to determine whether a
public officer will be recalled or for or against a group of such candidates
shall, not later than 30 days after the district court orders the officer with
whom the petition is filed to cease any further proceedings regarding the
petition, for the period from the filing of the notice of intent
to circulate the petition for recall through the date of the district courts [decision.

Κ A person
who signs the form under an oath to God is subject to the same penalties as if
the person had signed the form under penalty of perjury.

6. Expenditures]order, report each independent
expenditure or other expenditure, as applicable, in excess of $1,000 made
during the period and independent expenditures or expenditures, as applicable,
made during the period to one recipient which cumulatively exceed $1,000.

7. Independent
expenditures and other expenditures made within the State or made
elsewhere but for use within the State, including independent expenditures and other expenditures
made outside the State for printing, television and radio broadcasting or other
production of the media, must be included in the report.

[7.]8. Except as otherwise provided
in NRS 294A.3737, the reports must be filed electronically with the Secretary
of State.

[8.]9. If an independent expenditure or other expenditure , as applicable, is made [on
behalf of]for
or against a group of candidates, the reports must be itemized by
the candidate.

[9.]10. A report shall be deemed to
be filed on the date that it was received by the Secretary of State. Every
person, committeeor
political partydescribed
in subsection 1 shall file a report required by this section even if the
person, committeeor
political party receives no contributions.

Sec. 35. NRS
294A.220 is hereby amended to read as follows:

294A.220 1. Every committee
for political action that advocates the passage or defeat of a question or
group of questions on the ballot at a primary election[, primary city election,]or general election [or
general city election] shall, not later than January 15 of
each year that the provisions of this subsection apply to the committee for
political action, for the period from January 1 of the previous year through
December 31 of the previous year, report each expenditure made during the
period [on behalf of]for or against the question, the group of
questions or a question in the group of questions on the ballot in excess of
$1,000 [on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373. The form must be signed by a representative of
the committee for political action under an oath to God or penalty of perjury.
A person who signs the form under an oath to God is subject to the same
penalties as if the person had signed the form under penalty of perjury.]and such expenditures made during
the period to one recipient that cumulatively exceed $1,000. The
provisions of this subsection apply to the committee for political action:

(a) Each year in which an election [or
city election] is held for a question for which the
committee for political action advocates passage or defeat; and

(b) The year after the year described in
paragraph (a).

2. [If a question is on the
ballot at a primary election or primary city election and the general election
or general city election immediately following that primary election or primary
city election is held on or after January 1 and before the July 1 immediately
following that January 1, every committee for political action that advocates
the passage or defeat of the question or a group of questions that includes the
question shall comply with the requirements of this subsection. If a question
is on the ballot at a general election or general city election held on or
after January 1 and before the July 1 immediately following that January 1,
every committee for political action that advocates the passage or defeat of
the question or a group of questions that includes the question shall comply
with the requirements of this subsection.] A committee for
political action described in [this] subsection 1 shall, not later than:

(a) Twenty-one days before the primary election , [or primary city election,]
for the period from the January 1 immediately preceding the primary election [or
primary city election] through 25 days before the primary
election ; [or
primary city election;]

(b) Four days before the primary election , [or primary city election,]
for the period from 24 days before the primary election [or primary city election]
through 5 days before the primary election ; [or primary city election;]

(c) Twenty-one days before the general election , [or general city election,]
for the period from 4 days before the primary election [or primary city election]
through 25 days before the general election ; [or general city election;]
and

(d) Four days before the general election , [or general city election,]
for the period from 24 days before the general election [or general city election]
through 5 days before the general election , [or general city election,]

Κ report each
expenditure made during the period [on behalf of]for or against the
question, the group of questions or a question in the group of questions on the
ballot in excess of $1,000 [on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373 and signed by a representative of the committee for
political action under an oath to God or penalty of perjury. A person who signs
the form under an oath to God is subject to the same penalties as if the person
had signed the form under penalty of perjury.

3. If
a question is on the ballot at a primary election or primary city election and
the general election or general city election immediately following that
primary election or primary city election is held on or after July 1 and before
the January 1 immediately following that July 1, every committee for political
action that advocates the passage or defeat of the question or a group of
questions that includes the question shall comply with the requirements of this
subsection. If a question is on the ballot at a general election or general
city election held on or after July 1 and before the January 1 immediately
following that July 1, every committee for political action that advocates the
passage or defeat of the question or a group of questions that includes the
question shall comply with the requirements of this subsection. A committee for
political action described in this subsection shall, not later than:

(a) Twenty-one
days before the primary election or primary city election, for the period from
the January 1 immediately preceding the primary election or primary city
election through 25 days before the primary election or primary city election;

(b) Four
days before the primary election or primary city election, for the period from
24 days before the primary election or primary city election through 5 days
before the primary election or primary city election;

(c) Twenty-one
days before the general election or general city election, for the period from
4 days before the primary election or primary city election through 25 days
before the general election or general city election; and

(d) Four
days before the general election or general city election, for the period from
24 days before the general election or general city election through 5 days
before the general election or general city election,

Κ report
each expenditure made during the period on behalf of or against the question,
the group of questions or a question in the group of questions on the ballot in
excess of $1,000 on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373. The form must be signed by a representative of
the committee for political action under an oath to God or penalty of perjury.
A person who signs the form under an oath to God is subject to the same
penalties as if the person had signed the form under penalty of perjury.

4. Except
as otherwise provided in subsection 5, every]and such expenditures made during the
period to one recipient that cumulatively exceed $1,000.

3. Except
as otherwise provided in section 18 of this act, every committee
for political action that advocates the passage or defeat of a question or
group of questions on the ballot at a special election shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special election, for
the period from the date the question qualified for the ballot through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election, for the remaining period through the date of the special
election,

Κ report each
expenditure made during the period [on behalf of]for or against the
question, the group of questions or a question in the group of questions on the
ballot in excess of $1,000 [on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373. The form must be signed by a representative of
the committee for political action under an oath to God or penalty of perjury.
A person who signs the form under an oath to God is subject to the same
penalties as if the person had signed the form under penalty of perjury.

5. Every
committee for political action that advocates the passage or defeat of a
question or group of questions on the ballot at a special election to determine
whether a public officer will be recalled shall list each expenditure made during
the period on behalf of or against the question, the group of questions or a
question in the group of questions on the ballot in excess of $1,000 on the
form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the
committee for political action under an oath to God or penalty of perjury, 30
days after:

pursuant to NRS 294A.373
and signed by a representative of the committee for political action under an
oath to God or penalty of perjury, 30 days after:

(a) The
special election, for the period from the filing of the notice of intent to
circulate the petition for recall through the special election; or

(b) If
the special election is not held because a district court determines that the
petition for recall is legally insufficient pursuant to subsection 6 of NRS
306.040, for the period from the filing of the notice of intent to circulate
the petition for recall through the date of the district courts decision.

Κ A person
who signs the form under an oath to God is subject to the same penalties as if
the person had signed the form under penalty of perjury.] and such expenditures made during the
period to one recipient that cumulatively exceed $1,000.

[6.]4. Expenditures made within the
State or made elsewhere but for use within the State, including expenditures
made outside the State for printing, television and radio broadcasting or other
production of the media, must be included in the report.

[7.]5. The provisions of this section apply to a committee for
political action even if the question or group of questions does not appear on
the ballot at a primary, general or special election.

6. Except
as otherwise provided in NRS 294A.3737, reports required pursuant to this
section must be filed electronically with the Secretary of State.

[8.]7. If an expenditure is made [on
behalf of]for
or against a group of questions, the reports must be itemized by
question or petition.

[9.]8. A report shall be deemed to be
filed on the date that it was received by the Secretary of State.

Sec. 36. NRS
294A.225 is hereby amended to read as follows:

294A.225 1. A nonprofit
corporation shall, before it engages in any of the following activities in this
State, submit the names, addresses and telephone numbers of its officers to the
Secretary of State:

(a) Soliciting or receiving contributions from
any other person, group or entity;

(b) Making contributions to candidates or other
persons; or

(c) Making expenditures,

Κ designed to
affect the outcome of any primary[,]election, general election or special
election or question on the ballot.

2. The Secretary of State shall include on
the Secretary of States Internet website the information submitted pursuant to
subsection 1.

Sec. 37. NRS
294A.270 is hereby amended to read as follows:

294A.270 1. Except as
otherwise provided in [subsection 3,]subsections 3 and 4, each committee for the
recall of a public officer shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special election to
recall a public officer, for the period from the [filing of]date the notice of
intent to circulate the petition for recall is filed pursuant to NRS 306.015 through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special election,
for the remaining period through the
date of the special election,

Κ report each
contribution received or made by the committee for the recall of a public officer during the period in
excess of $100 [on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373. The form must be signed by a representative of
the committee under an oath to God or penalty of perjury. A person who signs
the form under an oath to God is subject to the same penalties as if the person
had signed the form under penalty of perjury.] and contributions received from a
contributor or made to one recipient which cumulatively exceed $100.

2. If a petition for the [purpose
of recalling]recall
of a public officer is not filed before the expiration of the
notice of intent, the committee for the recall of a public officer shall, not
later than 30 days after the expiration of the notice of intent, report each
contribution received by the committee[,]for the recall of a public officer, and
each contribution made by the committee for the recall of a public officer in excess
of $100[.] and contributions made to one recipient
which cumulatively exceed $100.

3. If a district court [does not order a special
election]determines
that the petition for the recall of the public officer[,]is legally insufficient pursuant to
subsection 6 of NRS 306.040, the committee for the recall of a
public officer shall, not later than 30 days after the district court [determines that an
election will not be held,]orders the officer with whom the petition is filed to cease
any further proceedings regarding the petition, for the period
from the filing of the notice of intent to circulate the petition for recall
through the day of the
[court determines that an election will not be held,]district courts order, report
each contribution received or made
by the committee[,
and each contribution made by the committee]for the recall of a public officer in
excess of $100[.] and contributions received from a
contributor or made to one recipient which cumulatively exceed $100.

4. If the special election is held on the same day as a primary
election or general election, the committee for the recall of a public officer
shall, not later than:

(a) Twenty-one
days before the special election, for the period from the filing of the notice
of intent to circulate the petition for recall through 25 days before the
special election;

(b) Four
days before the special election, for the period from 24 days before the
special election through 5 days before the special election; and

(c) The
15th day of the second month after the special election, for the remaining
period through the date of the special election,

Κ report
each contribution received or made by the committee for the recall of a public
officer in excess of $100 and contributions received from a contributor or made
to one recipient which cumulatively exceed $100.

5. Except
as otherwise provided in NRS 294A.3737, each report of contributions must be
filed electronically with the Secretary of State.

[5.]6. A report shall be deemed to be
filed on the date that it was received by the Secretary of State.

[6.]7. The name and address of the
contributor or recipient and
the date on which the contribution was received must be included on the report
for each contribution, whether from or to a natural person, association or
corporation. [, in excess of $100 and contributions which a contributor or
the committee has made cumulatively in excess of that amount since the
beginning of the current reporting period.]

294A.280 1. Except as
otherwise provided in [subsection 3,]subsections 3 and 4, each committee for the
recall of a public officer shall, not later than:

(a) [Seven]Four days before the
beginning of early voting by personal appearance for the special election to
recall a public officer, for the period from the [filing of]date the notice of
intent to circulate the petition for recall is filed pursuant to NRS 306.015 through [12]5 days before the
beginning of early voting by personal appearance for the special election; [and]

(b) Four
days before the special election, for the period from 4 days before the
beginning of early voting by personal appearance for the special election
through 5 days before the special election; and

(c) Thirty
days after the special
election, for the remaining period through the date of the special election,

Κ report each
expenditure made by the committee for
the recall of a public officer during the period in excess of
$100 [on the form designed and made available by the Secretary of
State pursuant to NRS 294A.373. The form must be signed by a representative of
the committee under an oath to God or penalty of perjury. A person who signs
the form under an oath to God is subject to the same penalties as if the person
had signed the form under penalty of perjury.] and expenditures made to one recipient
which cumulatively exceed $100.

2. If a petition for the [purpose
of recalling]recall
of a public officer is not filed before the expiration of the
notice of intent, the committee for the recall of a public officer shall, not
later than 30 days after the expiration of the notice of intent, report each
expenditure made by the committee for
the recall of a public officer in excess of $100[.] and expenditures made to one recipient
which cumulatively exceed $100.

3. If a district court [does not order a special
election]determines
that the petition for the recall of the public officer[,]is legally insufficient pursuant to
subsection 6 of NRS 306.040, the committee for the recall of a
public officer shall, not later than 30 days after the district court [determines that an
election will not be held,]orders the officer with whom the petition is filed to cease
any further proceedings regarding the petition, for the period
from the filing of the notice of intent to circulate the petition for recall
through the day of the
[court determines that an election will not be held,]district courts order, report
each expenditure made by the committee for the recall of a public officer in excess
of $100[.] and expenditures made to one recipient
which cumulatively exceed $100.

4. If the special election is held on the same day as a primary
election or general election, the committee for the recall of a public officer
shall, not later than:

(a) Twenty-one
days before the special election, for the period from the filing of the notice
of intent to circulate the petition for recall through 25 days before the
special election;

(b) Four
days before the special election, for the period from 24 days before the
special election through 5 days before the special election; and

(c) The
15th of the second month after the special election, for the remaining period
through the date of the special election,

Κ report
each expenditure made by the committee for the recall of a public officer in
excess of $100 and expenditures made to one recipient which cumulatively exceed
$100.

5. Except
as otherwise provided in NRS 294A.3737, each report of expenditures must be
filed electronically with the Secretary of State.

[5.]6.A report shall be deemed to be filed on
the date that it was received by the Secretary of State.

7. The
name and address of the recipient and the date on which the expenditure was
made must be included on the report for each expenditure, whether to a natural
person, association or corporation.

Sec. 39. NRS
294A.286 is hereby amended to read as follows:

294A.286 1. Any candidate or public
officer may establish a legal defense fund. A person who administers a legal
defense fund shall:

(a) Within 5 days after the creation of the legal
defense fund, notify the Secretary of State of the creation of the fund on a
form provided by the Secretary of State; and

(b) For the same period covered by the report
filed pursuant to NRS 294A.120[,]or 294A.200 , [or 294A.360,]
report any contribution received by or expenditure made from the legal defense
fund.

2. [The reports required by
paragraph (b) of subsection 1 must be submitted on the form designed and made
available by the Secretary of State pursuant to NRS 294A.373. Each form must be
signed by the administrator of the legal defense fund under an oath to God or
penalty of perjury. A person who signs the form under an oath to God is subject
to the same penalties as if the person had signed the form under penalty of
perjury.

3.] Except
as otherwise provided in NRS 294A.3733, the reports required by paragraph (b)
of subsection 1 must be filed in the same manner and at the same time as the
report filed pursuant to NRS 294A.120[,]or 294A.200 . [or 294A.360.

4.]3. Not later
than the 15th day of the second month after the conclusion of all civil,
criminal or administrative claims or proceedings for which a candidate or
public officer established a legal defense fund, the candidate or public
officer shall dispose of unspent money through one or any combination of the
following methods:

(a) Return the unspent money to contributors; or

(b) Donate the money to any tax-exempt nonprofit
entity.

Sec. 40. NRS
294A.325 is hereby amended to read as follows:

294A.325 1. A foreign
national shall not, directly or indirectly, make a contribution or a commitment
to make a contribution to:

(a) A candidate;

(b) A committee for political action;

(c) A committee for the recall of a public
officer;

(d) A person who [is not under the
direction or control of a candidate, of a group of candidates or of any person
involved in the campaign of the candidate or group who]
makes an independent expenditure ;[that is not solicited or
approved by the candidate or group;]

(e) A political party or committee sponsored by a
political party that makes an expenditure [on behalf of]for or against a
candidate or group of candidates;

(f) An organization made up of legislative members
of a political party whose primary purpose is to provide support for their
political efforts;

(g) A personal campaign committee or the personal
representative of a candidate who receives contributions or makes expenditures
that are reported as contributions or expenditures by the candidate; or

(h) A nonprofit corporation that is registered or
required to be registered pursuant to NRS 294A.225.

2. Except as otherwise provided in
subsection 3, a candidate, person, group, committee, political party,
organization or nonprofit corporation described in subsection 1 shall not
knowingly solicit, accept or receive a contribution or a commitment to make a
contribution from a foreign national.

3. For the purposes of subsection 2, if a
candidate, person, group, committee, political party, organization or nonprofit
corporation is aware of facts that would lead a reasonable person to inquire
whether the source of a contribution is a foreign national, the candidate,
person, group, committee, political party, organization or nonprofit
corporation shall be deemed to have not knowingly solicited, accepted or
received a contribution in violation of subsection 2 if the candidate, person,
group, committee, political party, organization or nonprofit corporation
requests and obtains from the source of the contribution a copy of current and
valid United States passport papers. This subsection does not apply to any
candidate, person, group, committee, political party, organization or nonprofit
corporation if the candidate, person, group, committee, political party, organization
or nonprofit corporation has actual knowledge that the source of the
contribution solicited, accepted or received is a foreign national.

4. If a candidate, person, group,
committee, political party, organization or nonprofit corporation discovers
that the candidate, person, group, committee, political party, organization or
nonprofit corporation received a contribution in violation of this section, the
candidate, person, group, committee, political party, organization or nonprofit
corporation shall, if at the time of discovery of the violation:

(a) Sufficient money received as contributions is
available, return the contribution received in violation of this section not
later than 30 days after such discovery.

(b) Except as otherwise provided in paragraph
(c), sufficient money received as contributions is not available, return the
contribution received in violation of this section as contributions become
available for this purpose.

(c) Sufficient money received as contributions is
not available and contributions are no longer being solicited or accepted, not
be required to return any amount of the contribution received in violation of
this section that exceeds the amount of contributions available for this
purpose.

5. A violation of any provision of this
section is a gross misdemeanor.

6. As used in this section:

(a) Foreign national has the meaning ascribed
to it in 2 U.S.C. § 441e.

(1) Has actual knowledge that the source
of the contribution solicited, accepted or received is a foreign national;

(2) Is aware of facts which would lead a
reasonable person to conclude that there is a substantial probability that the
source of the contribution solicited, accepted or received is a foreign
national; or

(3) Is aware of facts which would lead a
reasonable person to inquire whether the source of the contribution solicited,
accepted or received is a foreign national, but failed to conduct a reasonable
inquiry.

294A.350 1. Every candidate [for
state, district, county, municipal or township office]
shall file the reports [of campaign contributions and expenses]
required by NRS 294A.120, 294A.128, 294A.200 and [294A.360 and reports of
contributions received by and expenditures made from a legal defense fund
required by NRS] 294A.286, even though the candidate:

(a) Withdraws his or her candidacy;

(b) Receives no [campaign]
contributions;

(c) Has no campaign expenses;

(d) Is removed from the ballot by court order; or

(e) Is the subject of a petition to recall and
the special election is not held.

2. A candidate who withdraws his or her candidacy
pursuant to NRS 293.202 may file simultaneously all the reports [of
campaign contributions and expenses] required by NRS
294A.120, 294A.128, 294A.200 and [294A.360 and the report of
contributions received by and expenditures made from a legal defense fund
required by NRS] 294A.286, so long as each report is filed
on or before the last day for filing the respective report pursuant to NRS
294A.120[,]or 294A.200 . [or 294A.360.]

Sec. 44. NRS
294A.362 is hereby amended to read as follows:

294A.362 1. In addition to
reporting information pursuant to NRS 294A.120, 294A.125, 294A.128[,]and 294A.200 , [and 294A.360,]
each candidate who is required to file a report [of campaign contributions
and expenses] pursuant to NRS 294A.120, 294A.125, 294A.128[,]or 294A.200 [or
294A.360] shall report on the form designed and made
available by the Secretary of State pursuant to NRS
294A.373 goods and services provided in kind for which money would otherwise
have been paid.

Secretary of State pursuant to NRS 294A.373 goods and
services provided in kind for which money would otherwise have been paid. The
candidate shall list on the form:

(a) Each such [campaign]
contribution in excess of $100 received during the reporting period;

(b) Each such [campaign]
contribution from a contributor received during the reporting period which
cumulatively exceeds $100;

(c) Each such campaign expense in excess of $100 incurred
during the reporting period;

(d) The total of all such [campaign]
contributions received during the reporting period which are $100 or less and which
are not otherwise required to be reported pursuant to paragraph (b); and

(e) The total of all such campaign expenses incurred during the
reporting period which are $100 or less.

2. The Secretary of State [and
each city clerk] shall not require a candidate to list the
[campaign] contributions and campaign expenses
described in this section on any form other than the form designed and made
available by the Secretary of State pursuant to NRS 294A.373.

3. Except as otherwise provided in NRS
294A.3733, the report required by subsection 1 must be filed in the same manner
and at the same time as the report filed pursuant to NRS 294A.120, 294A.125,
294A.128[,]or 294A.200 . [or 294A.360.]

Sec. 45. NRS
294A.365 is hereby amended to read as follows:

294A.365 1. Each report [of
expenditures] required pursuant to NRS 294A.210, 294A.220
and 294A.280 must consist of a list of each expenditure in excess of $100 or
$1,000, as is appropriate, that was made during the periods for reporting. Each
report [of expenses] required pursuant to NRS
294A.125 and 294A.200 must consist of a list of each campaign expense in excess of $100 that was
incurred during the periods for reporting. The list in each report must state
the category and amount of the campaign
expense or expenditure and the date on which the campaign expense was
incurred or the expenditure was made.

2. The categories of campaign expense or expenditure for use on the
report of campaign expenses
or expenditures are:

(a) Office expenses;

(b) Expenses related to volunteers;

(c) Expenses related to travel;

(d) Expenses related to advertising;

(e) Expenses related to paid staff;

(f) Expenses related to consultants;

(g) Expenses related to polling;

(h) Expenses related to special events;

(i) Expenses related to a legal defense fund;

(j) Except as otherwise provided in NRS 294A.362,
goods and services provided in kind for which money would otherwise have been
paid;

(k) Contributions made to another candidate, a
nonprofit corporation that is registered or required to be registered pursuant
to NRS 294A.225, a committee for political action that is registered or
required to be registered pursuant to NRS 294A.230 or a committee for the
recall of a public officer that is registered or required to be registered
pursuant to NRS 294A.250; [and]

(l) Fees
for filing declarations of candidacy or acceptances of candidacy;

(m) Repayments
or forgiveness of loans;

(n) The
disposal of unspent contributions pursuant to NRS 294A.160; and

(o) Other
miscellaneous expenses.

3. Each report of campaign expenses or expenditures described in
subsection 1 must list the disposition of any unspent [campaign]
contributions using the categories set forth in subsection 3 of NRS 294A.160 or
subsection [4]3 of NRS 294A.286[.] , as applicable.

Sec. 46. NRS
294A.370 is hereby amended to read as follows:

294A.370 1. A newspaper,
radio broadcasting station, outdoor advertising company, television
broadcasting station, direct mail advertising company, printer or other person
or group of persons which accepts, broadcasts, disseminates, prints or
publishes:

(a) Advertising [on behalf of]for or against any
candidate or group of candidates;

(b) Political advertising for any person other
than a candidate; or

(c) Advertising for the passage or defeat of a
question or group of questions on the ballot,

Κ shall,
during the period beginning at least 10 days before each primary election[, primary city election,]or general election [or
general city election] and ending at least 30 days after
the election, make available for inspection information setting forth the cost
of all such advertisements accepted and broadcast, disseminated or published.
The person or entity shall make the information available at any reasonable
time and not later than 3 days after it has received a request for such
information.

2. For purposes of this section, the
necessary cost information is made available if a copy of each bill, receipt or
other evidence of payment made out for any such advertising is kept in a record
or file, separate from the other business records of the enterprise and
arranged alphabetically by name of the candidate or the person or group which
requested the advertisement, at the principal place of business of the
enterprise.

Sec. 47. NRS
294A.373 is hereby amended to read as follows:

294A.373 1. Any report required pursuant to this
chapter must be completed on the form designed and made available by the
Secretary of State pursuant to this section.

2. The
Secretary of State shall design forms to be used for all reports [of
campaign contributions and expenses or expenditures] that
are required to be filed pursuant to [NRS 294A.120, 294A.125,
294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280,
294A.360 and 294A.362 and reports of contributions received by and expenditures
made from a legal defense fund that are required to be filed pursuant to NRS
294A.286.]
this chapter.

[2.]3. The forms designed by the
Secretary of State pursuant to this section must only request information
specifically required by statute.

[3.]4. The Secretary of State shall
make available to each candidate, person, committee or political party that is
required to file a report [described in subsection 1:] pursuant to this chapter:

(a) If the candidate, person, committee or
political party has submitted an affidavit to the Secretary of State pursuant
to NRS 294A.3733 or 294A.3737, as applicable, a copy of the form; or

(b) If the candidate, person, committee or
political party is required to submit the report electronically to the
Secretary of State, access through a secure website to the form.

[4.]5. A report filed pursuant to this chapter must be signed under
an oath to God or penalty of perjury. If the candidate, person,
committee or political party is required to submit electronically a report
described in subsection 1, the form must be signed electronically under an oath
to God or penalty of perjury. A person who signs the report or form under an oath to God is subject
to the same penalties as if the person had signed the form under penalty of
perjury.

[5. The Secretary of State must obtain the advice
and consent of the Legislative Commission before making a copy of, or access
to, a form designed or revised by the Secretary of State pursuant to this
section available to a candidate, person, committee or political party.]

Sec. 48. NRS
294A.3733 is hereby amended to read as follows:

294A.3733 1. A candidate who
is required to file a report [described in subsection 1 of NRS 294A.373]pursuant to this chapter is
not required to file the report electronically if the candidate:

(a) Did not receive or expend money in excess of
$10,000 after becoming a candidate pursuant to NRS 294A.005; and

(b) Has on file with the Secretary of State an
affidavit which satisfies the requirements set forth in subsection 2 and which
states that:

(1) The candidate does not own or have the
ability to access the technology necessary to file electronically the report ;[described in subsection 1
of NRS 294A.373;] and

(2) The candidate does not have the
financial ability to purchase or obtain access to the technology necessary to
file electronically the report .[described in subsection 1 of NRS 294A.373.]

2. The affidavit described in subsection 1
must be:

(a) In the form prescribed by the Secretary of
State and signed under an oath to God or penalty of perjury. A candidate who
signs the affidavit under an oath to God is subject to the same penalties as if
the candidate had signed the affidavit under penalty of perjury.

(b) Filed not later than 15 days before the
candidate is required to file a report [described in subsection 1
of NRS 294A.373.] pursuant to this chapter.

3. A candidate who is not required to file
the report electronically may file the report by transmitting the report by
regular mail, certified mail, facsimile machine or personal delivery. A report
transmitted pursuant to this subsection shall be deemed to be filed on the date
on which it is received by the Secretary of State.

Sec. 49. NRS
294A.3737 is hereby amended to read as follows:

294A.3737 1. A person,
committee or political party that is required to file a report [described
in subsection 1 of NRS 294A.373]pursuant to this chapter is not required to
file the report electronically if the person, committee or political party:

(a) Did not receive contributions or expend money in excess of
$10,000 in the previous calendar year; and

(b) Has on file with the Secretary of State an
affidavit which satisfies the requirements set forth in subsection 2 and which
states that:

(1) The person, committee or political
party does not own or have the ability to access the technology necessary to
file electronically the report ;[described in subsection 1 of NRS 294A.373;]
and

(2) The person, committee or political
party does not have the financial ability to purchase or obtain access to the
technology necessary to file electronically the report .[described in subsection 1
of NRS 294A.373.]

2. The affidavit described in subsection 1
must be:

(a) In the form prescribed by the Secretary of
State and signed under an oath to God or penalty of perjury. A person who signs
the affidavit under an oath to God is subject to the same penalties as if the
person had signed the affidavit under penalty of perjury.

(b) Filed:

(1) At least 15 days before any report [described
in subsection 1 of NRS 294A.373] is required to be filed pursuant to this chapter by
the person, committee or political party.

(2) Not earlier than January 1 and not
later than January 15 of each year, regardless of whether or not the person,
committee or political party was required to file any report [described
in subsection 1 of NRS 294A.373]pursuant to this chapter in the previous year.

3. A person, committee or political party
that has properly filed the affidavit pursuant to this section may file the
relevant report with the Secretary of State by transmitting the report by
regular mail, certified mail, facsimile machine or personal delivery. A report
transmitted pursuant to this subsection shall be deemed to be filed on the date
on which it is received by the Secretary of State.

Sec. 50. (Deleted by amendment.)

Sec. 51. NRS
294A.390 is hereby amended to read as follows:

294A.390 The officer from whom a candidate
or entity requests a form for:

1. A declaration of candidacy;

2. An acceptance of candidacy;

3. The registration of a nonprofit corporation pursuant to NRS
294A.225, a committee for political action pursuant to NRS
294A.230 or a committee for the recall of a public officer pursuant to NRS
294A.250; or

4. The reporting of the creation of a
legal defense fund pursuant to NRS 294A.286,

Κ shall
furnish the candidate or entity with the necessary forms for reporting and
copies of the regulations adopted by the Secretary of State pursuant to this
chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120,
294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270[,]or 294A.280 [or
294A.360] relating to the making, accepting or reporting
of [campaign] contributions, campaign expenses or
expenditures and the penalties for a violation of those provisions as set forth
in NRS 294A.100 or 294A.420, and an explanation of NRS 294A.286 and 294A.287
relating to the accepting or reporting of contributions received by and
expenditures made from a legal defense fund and the penalties for a violation
of those provisions as set forth in NRS 294A.287 and 294A.420, must be developed
by the Secretary of State and provided upon request. The candidate or entity
shall acknowledge receipt of the material.

Sec. 52. NRS
294A.400 is hereby amended to read as follows:

294A.400 [The]Based on the reports received
pursuant to this chapter, the Secretary of State shall, [within
30 days after receipt of the reports
required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200,
294A.210, 294A.220, 294A.270, 294A.280, 294A.286, 294A.360 and 294A.362,] not
later than February 15 of each odd-numbered year, prepare and make available
for public inspection a compilation of:

reports required
by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210,
294A.220, 294A.270, 294A.280, 294A.286, 294A.360 and 294A.362,]not later than February 15 of each
odd-numbered year, prepare and make available for public
inspection a compilation of:

1. The [total campaign
contributions, the contributions which are in excess of $100 and the total
campaign expenses of]following totals for each [of the candidates]candidate from whom
reports of [those] contributions and campaign expenses are
required[.

2. The
total amount of loans to a candidate guaranteed by a third party, the total
amount of loans made to a candidate that have been forgiven and the total
amount of written commitments for contributions received by a candidate.

3.] pursuant to this chapter:

(a) The
total amount of monetary contributions to the candidate;

(b) The
total amount of goods and services provided to the candidate in kind for which
money would otherwise have been paid;

(c) The
total amount of loans guaranteed by a third party and forgiveness of any loans
previously made to the candidate;

(d) The
total amount committed to the candidate via written commitments for
contributions; and

(e) The
total amount of campaign expenses.

2. The
following totals for each person, committee, political party or nonprofit
corporation from which reports of contributions and campaign expenses are
required pursuant to this chapter:

(a) The
total amount of monetary contributions to the person, committee, political
party or nonprofit corporation;

(b) The
total amount of goods and services provided to the person, committee, political
party or nonprofit corporation in kind for which money would otherwise have
been paid; and

(c) The
total amount of independent expenditures or other expenditures, as applicable,
made by the person, committee, political party or nonprofit corporation.

3. The
following totals for each committee for political action for which reports of
contributions and expenditures are required pursuant to this chapter:

(a) The
total amount of monetary contributions to the committee for political action;

(b) The
total amount of goods and services provided to the committee for political
action in kind for which money would otherwise have been paid; and

(c) The
total amount of expenditures made by the committee for political action.

4. The
contributions made to and
expenditures from a committee for the recall of a public officer
in excess of $100.

[4. The expenditures exceeding $100 made by a:

(a) Person
on behalf of a candidate other than the person.

(b) Group
of persons advocating the election or defeat of a candidate.

(c) Committee
for the recall of a public officer.

5. The
contributions in excess of $100 made to:

(a) A
person who is not under the direction or control of a candidate or group of
candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the
candidate or group which is not solicited or approved by the candidate or
group.

candidate or
group who makes an expenditure on behalf of the candidate or group which is not
solicited or approved by the candidate or group.

(b) A
committee for political action, political party or committee sponsored by a
political party which makes an expenditure on behalf of a candidate or group of
candidates.

6.]5. The total
contributions received by and expenditures made from a legal defense fund.

Sec. 53. NRS
294A.410 is hereby amended to read as follows:

294A.410 1. If it appears
that the provisions of this chapter have been violated, the Secretary of State
may:

(a) Conduct an investigation concerning the
alleged violation and cause the appropriate proceedings to be instituted and
prosecuted in the First Judicial District Court; or

(b) Refer the alleged violation to the Attorney
General. The Attorney General shall investigate the alleged violation and
institute and prosecute the appropriate proceedings in the First Judicial
District Court without delay.

2. A person who believes that any
provision of this chapter has been violated may notify the Secretary of State,
in writing, of the alleged violation. The notice must be signed by the person
alleging the violation and include:

(a) The full name and address of the person
alleging the violation;

(b) A clear and concise statement of facts
sufficient to establish that the alleged violation occurred;

(c) Any evidence substantiating the alleged
violation;

(d) A certification by the person alleging the
violation that the facts alleged in the notice are true to the best knowledge
and belief of that person; and

(e) Any other information in support of the
alleged violation.

3. As soon as practicable after receiving
a notice of an alleged violation pursuant to subsection 2, the Secretary of
State shall provide a copy of the notice and any accompanying information to
the person, if any, alleged in the notice to have committed the violation. Any
response submitted to the notice must be accompanied by a short statement of
the grounds, if any, for objecting to the alleged violation and include any
evidence substantiating the objection.

4. If the Secretary of State determines,
based on a notice of an alleged violation received pursuant to subsection 2,
that reasonable suspicion exists that a violation of this chapter has occurred,
the Secretary of State may conduct an investigation of the alleged violation.

5. If a notice of an alleged violation is
received pursuant to subsection 2 not later than 180 days after the general
election[,
general city election] or special election for the office
or ballot question to which the notice pertains, the Secretary of State, when conducting
an investigation of the alleged violation pursuant to subsection 4, may
subpoena witnesses and require the production by subpoena of any books, papers,
correspondence, memoranda, agreements or other documents or records that the
Secretary of State or a designated officer or employee of the Secretary of
State determines are relevant or material to the investigation and are in the
possession of:

(a) Any person alleged in the notice to have
committed the violation; or

(b) If the notice does not include the name of a
person alleged to have committed the violation, any person who the Secretary of
State or a designated officer or employee of the Secretary
of State has reasonable cause to believe produced or disseminated the materials
that are the subject of the notice.

designated officer or employee of the Secretary of State has
reasonable cause to believe produced or disseminated the materials that are the
subject of the notice.

6. If a person fails to testify or produce
any documents or records in accordance with a subpoena issued pursuant to
subsection 5, the Secretary of State or designated officer or employee may
apply to the court for an order compelling compliance. A request for an order
of compliance may be addressed to:

(a) The district court in and for the county
where service may be obtained on the person refusing to testify or produce the
documents or records, if the person is subject to service of process in this
State; or

(b) A court of another state having jurisdiction
over the person refusing to testify or produce the documents or records, if the
person is not subject to service of process in this State.

Sec. 54. NRS
294A.420 is hereby amended to read as follows:

294A.420 1. If
the Secretary of State receives information that a candidate, person, committee [or
entity],
political party or nonprofit corporation that is subject to the
provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210,
294A.220, 294A.230, 294A.250, 294A.270, 294A.280[,]or 294A.286 [or
294A.360] has not filed a report or form for registration
pursuant to the applicable provisions of those sections, the Secretary of State
may, after giving notice to that candidate,
person, committee [or entity,], political party or nonprofit corporation, cause
the appropriate proceedings to be instituted in the First Judicial District
Court.

2. Except as otherwise provided in this
section, a candidate, person,
committee [or entity], political party or nonprofit corporation that
violates an applicable provision of this chapter is subject to a civil penalty
of not more than $5,000 for each violation and payment of court costs and
attorneys fees. The civil penalty must be recovered in a civil action brought
in the name of the State of Nevada by the Secretary of State in the First
Judicial District Court and deposited by the Secretary of State for credit to
the State General Fund in the bank designated by the State Treasurer.

3. If a civil penalty is imposed because a
candidate, person,
committee [or entity], political party or nonprofit corporation has
reported its contributions, campaign
expenses ,
independent expenditures or other expenditures after the date the report
is due, except as otherwise provided in this subsection, the amount of the
civil penalty is:

(a) If the report is not more than 7 days late,
$25 for each day the report is late.

(b) If the report is more than 7 days late but
not more than 15 days late, $50 for each day the report is late.

(c) If the report is more than 15 days late, $100
for each day the report is late.

Κ A civil
penalty imposed pursuant to this subsection against a public officer who by law
is not entitled to receive compensation for his or her office or a candidate
for such an office must not exceed a total of $100 if the public officer or
candidate received no contributions and made no expenditures during the
relevant reporting periods.

4. For good cause shown, the Secretary of
State may waive a civil penalty that would otherwise be imposed pursuant to
this section. If the Secretary of State waives a civil penalty pursuant to this
subsection, the Secretary of State shall:

(a) Create a
record which sets forth that the civil penalty has been waived and describes
the circumstances that constitute the good cause shown; and

(b) Ensure that the record created pursuant to
paragraph (a) is available for review by the general public.

Sec. 55. NRS
298.020 is hereby amended to read as follows:

298.020 1. Each major
political party in this State, qualified by law to place upon the general
election ballot candidates for the office of President and Vice President of
the United States in the year when they are to be elected, shall, at the state
convention of the major political party held in that year, choose from the
qualified electors, who are legally registered members of that political party,
the number of presidential electors required by law and no more, who must be
nominated by the delegates at the state convention. Upon the nomination
thereof, the chair and the secretary of the convention shall certify the names
and addresses of the nominees to the Secretary of State, who shall record the
names in the Secretary of States office as the nominees of that political
party for presidential elector.

2. Each minor political party in this
State, qualified by law to place upon the general election ballot candidates
for the office of President and Vice President of the United States in the year
when they are to be elected, shall choose from the qualified electors, the
number of presidential electors required by law. The person who is authorized
to file the list of candidates for partisan office of the minor political party
with the Secretary of State pursuant to NRS 293.1725 shall , not later than the last Tuesday in August, certify
the names and addresses of the nominees to the Secretary of State, who shall
record the names in the Secretary of States office as the nominees of that
political party for presidential elector.

Sec. 56. NRS 294A.360 is
hereby repealed.

Sec. 57. This act becomes
effective on July 1, 2013.

________

CHAPTER 426, AB 67

Assembly Bill No. 67Committee on Judiciary

CHAPTER 426

[Approved:
June 6, 2013]

AN ACT relating to
crimes; authorizing victims of human trafficking to bring a civil action;
amending various provisions concerning the investigation and prosecution of sex
trafficking, involuntary servitude and trafficking in persons; amending various
provisions concerning the crimes of pandering, sex trafficking, involuntary
servitude and trafficking in persons; revising various provisions governing the
penalties for pandering, sex trafficking, involuntary servitude and trafficking
in persons; requiring a person convicted of sex trafficking to register as a
sex offender; amending various provisions relating to victims of sex
trafficking; revising provisions relating to the powers and duties of the
Advocate for Missing or Exploited Children; providing penalties; and providing
other matters properly relating thereto.

Existing law establishes the crime of pandering and
provides that a person who is found guilty of pandering is guilty of a category
B, C or D felony, depending on the circumstances surrounding the crime. (NRS
201.300-201.340) Existing law also creates the crimes of involuntary servitude
and trafficking in persons. (NRS 200.463-200.468)

Sections 1, 30-33, 40.7-44,46-48 and 55 of
this bill amend various provisions relating to the crimes of pandering,
involuntary servitude and trafficking in persons. Section 30 increases
the penalty for conspiracy to commit sex trafficking, involuntary servitude or
trafficking in persons, and section 46 adds involuntary servitude and
trafficking in persons to the list of crimes constituting racketeering activity.
Sections 41-44 create the crime of sex trafficking, set forth the
actions constituting the crimes of pandering and sex trafficking, and provide
the terms of imprisonment and fines that must be imposed against a person
convicted of pandering or sex trafficking. Section 42 further provides
that a court may not grant probation to, or suspend the sentence of, a person
convicted of sex trafficking and that certain defenses are not available in a
prosecution for pandering or sex trafficking. Sections 32, 33 and 40
require a court to order a person convicted of sex trafficking, involuntary
servitude or trafficking in persons to pay restitution to the victim of the
crime. Section 47 authorizes victims of sex trafficking to obtain
compensation from the Fund for Compensation of Victims of Crime. Section 48
prohibits the consideration of certain contributory conduct of a victim when
considering compensation for a victim of sex trafficking. Finally, section 1
authorizes a victim of sex trafficking, involuntary servitude or trafficking in
persons to bring a civil action against any person who caused, was responsible
for or profited from the sex trafficking, involuntary servitude or trafficking
in persons.

Sections 4-6, 25, 34-39 and 49-51 of this bill
revise provisions governing the investigation and prosecution of sex
trafficking. Section 25 authorizes law enforcement agencies to intercept
wire and oral communications during an investigation of sex trafficking,
involuntary servitude and trafficking in persons upon compliance with existing
law governing the interception of wire and oral communications by law
enforcement agencies. Sections 4-6 provide that the provisions governing
the statute of limitations for sex trafficking are the same as the provisions
governing the statute of limitations for sexual assault. Finally, sections
34-39 and 49-51 provide that certain information relating to a victim of
sex trafficking must be kept confidential.

Existing law provides for the taking and the use at trial
of videotaped depositions of certain victims in certain circumstances. (NRS
174.227, 174.228) Sections 10.3 and 10.7 of this bill authorize the
taking and use at trial of videotaped depositions of victims of sex trafficking
in certain circumstances.

Existing law provides that a person convicted of
pandering a child is required to register as an offender convicted of a crime
against a child and is a Tier II offender for the purposes of offender
registration and community notification. (NRS 179D.0357, 179D.115) Section
27 of this bill provides that a person convicted of sex trafficking an
adult is required to register as a sex offender and is a Tier I offender for
the purposes of sex offender registration and community notification.

Section 40.3 of this bill gives the Attorney
General and the district attorneys of the counties in this State concurrent
jurisdiction to prosecute crimes involving pandering, sex trafficking and
living from the earnings of a prostitute.

Existing law creates the Office of Advocate for Missing
or Exploited Children within the Office of the Attorney General and establishes
the powers and duties of the Childrens Advocate. (NRS 432.157) Section 53 of
this bill authorizes the Childrens Advocate to investigate and prosecute
certain crimes. Section 53 also creates the Special Account for the
Support of the Office of Advocate for Missing or Exploited Children and
authorizes the Childrens Advocate to apply for and accept gifts, grants and
donations to assist the Childrens Advocate in carrying out his or her duties.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
41 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Any
person who is a victim of human trafficking may bring a civil action against
any person who caused, was responsible for or profited from the human
trafficking.

2. A
civil action brought under this section may be instituted in the district court
of this State in the county in which the prospective defendant resides or has
committed any act which subjects him or her to liability under this section.

3. In
an action brought under this section, the court may award such injunctive
relief as the court deems appropriate.

4. A
plaintiff who prevails in an action brought under this section may recover
actual damages, compensatory damages, punitive damages or any other appropriate
relief. If a plaintiff recovers actual damages in an action brought under this
section and the acts of the defendant were willful and malicious, the court may
award treble damages to the plaintiff. If the plaintiff prevails in an action
brought under this section, the court may award attorneys fees and costs to
the plaintiff.

5. The
statute of limitations for an action brought under this section does not
commence until:

(a) The
plaintiff discovers or reasonably should have discovered that he or she is a
victim of human trafficking and that the defendant caused, was responsible for
or profited from the human trafficking;

(b) The
plaintiff reaches 18 years of age; or

(c) If
the injury to the plaintiff results from two or more acts relating to the human
trafficking, the final act in the series of acts has occurred,

Κ whichever is later.

6. The
statute of limitations for an action brought under this section is tolled for
any period during which the plaintiff was under a disability. For the purposes
of this subsection, a plaintiff is under a disability if the plaintiff is
insane, a person with an intellectual disability, mentally incompetent or in a
medically comatose or vegetative state.

7. A
defendant in an action brought under this section is estopped from asserting
that the action was not brought within the statute of limitations if the
defendant, or any person acting on behalf of the defendant, has induced the
plaintiff to delay bringing an action under this section by subjecting the
plaintiff to duress, threats, intimidation, manipulation or fraud or any other
conduct inducing the plaintiff to delay bringing an action under this section.

8. In
the discretion of the court in an action brought under this section:

(a) Two
or more persons may join as plaintiffs in one action if the claims of those
plaintiffs involve at least one defendant in common.

(b) Two
or more persons may be joined in one action as defendants if those persons may
be liable to at least one plaintiff in common.

9. The
consent of a victim is not a defense to a cause of action brought under this
section.

(a) A
victim of human trafficking is a person against whom a violation of any
provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320, or 18
U.S.C. § 1589, 1590 or 1591 has been committed.

(b) It is
not necessary that the defendant be investigated, arrested, prosecuted or
convicted for a violation of any provision of NRS 200.463 to 200.468,
inclusive, 201.300 or 201.320, or 18 U.S.C. § 1589, 1590 or 1591 to be found
liable in an action brought under this section.

Secs. 2 and 3. (Deleted by amendment.)

Sec. 4. NRS
171.083 is hereby amended to read as follows:

171.083 1. If, at any time
during the period of limitation prescribed in NRS 171.085 and 171.095, a victim
of a sexual assault ,[or] a person authorized to act on behalf
of a victim of a sexual assault ,
or a victim of sex trafficking or a person authorized to act on behalf of a
victim of sex trafficking, files with a law enforcement officer a
written report concerning the sexual assault[,]or sex trafficking, the
period of limitation prescribed in NRS 171.085 and 171.095 is removed and there
is no limitation of the time within which a prosecution for the sexual assault or sex trafficking must be
commenced.

2. If a written report is filed with a law
enforcement officer pursuant to subsection 1, the law enforcement officer shall
provide a copy of the written report to the victim or the person authorized to
act on behalf of the victim.

3. If a victim of a sexual assault or sex trafficking is
under a disability during any part of the period of limitation prescribed in
NRS 171.085 and 171.095 and a written report concerning the sexual assault or sex trafficking is not
otherwise filed pursuant to subsection 1, the period during which the victim is
under the disability must be excluded from any calculation of the period of
limitation prescribed in NRS 171.085 and 171.095.

4. For the purposes of this section, a
victim of a sexual assault or sex
trafficking is under a disability if the victim is insane, [mentally
retarded,]intellectually
disabled, mentally incompetent or in a medically comatose or
vegetative state.

5. As used in this section, law
enforcement officer means:

(a) A prosecuting attorney;

(b) A sheriff of a county or the sheriffs
deputy;

(c) An officer of a metropolitan police
department or a police department of an incorporated city; or

(d) Any other person upon whom some or all of the
powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360,
inclusive.

1. Theft, robbery, burglary, forgery,
arson, sexual assault, sex
trafficking, a violation of NRS 90.570, a violation punishable
pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS
205.377 must be found, or an information or complaint filed, within 4 years after
the commission of the offense.

2. Any felony other than the felonies
listed in subsection 1 must be found, or an information or complaint filed,
within 3 years after the commission of the offense.

(a) If a felony, gross misdemeanor or misdemeanor
is committed in a secret manner, an indictment for the offense must be found,
or an information or complaint filed, within the periods of limitation
prescribed in NRS 171.085, 171.090 and 624.800 after the discovery of the
offense, unless a longer period is allowed by paragraph (b) or (c) or the
provisions of NRS 202.885.

(b) An indictment must be found, or an
information or complaint filed, for any offense constituting sexual abuse of a
child[,]
as defined in NRS 432B.100[,]or sex trafficking of a child as
defined in NRS 201.300, before the victim [of the sexual abuse]
is:

(1) Twenty-one years old if the victim
discovers or reasonably should have discovered that he or she was a victim of
the sexual abuse or sex
trafficking by the date on which the victim reaches that age; or

(2) Twenty-eight years old if the victim
does not discover and reasonably should not have discovered that he or she was
a victim of the sexual abuse or
sex trafficking by the date on which the victim reaches 21 years
of age.

(c) If a felony is committed pursuant to NRS
205.461 to 205.4657, inclusive, against a victim who is less than 18 years of
age at the time of the commission of the offense, an indictment for the offense
must be found, or an information or complaint filed, within 4 years after the
victim discovers or reasonably should have discovered the offense.

2. If any indictment found, or an
information or complaint filed, within the time prescribed in subsection 1 is
defective so that no judgment can be given thereon, another prosecution may be
instituted for the same offense within 6 months after the first is abandoned.

Secs. 7-10. (Deleted by
amendment.)

Sec. 10.3. NRS
174.227 is hereby amended to read as follows:

174.227 1. A court on its own
motion or on the motion of the district attorney may, for good cause shown,
order the taking of a videotaped deposition of:

(a) A victim of sexual abuse as that term is
defined in NRS 432B.100; [or]

(b) A prospective witness in any criminal
prosecution if the witness is less than 14 years of age[.] ; or

(c) A
victim of sex trafficking as that term is defined in subsection 2 of NRS
201.300. There is a rebuttable presumption that good cause exists where the
district attorney seeks to take the deposition of a person alleged to be the
victim of sex trafficking.

Κ The court
may specify the time and place for taking the deposition and the persons who
may be present when it is taken.

2. The district attorney shall give every
other party reasonable written notice of the time and place for taking the
deposition. The notice must include the name of the person to be examined. On
the motion of a party upon whom the notice is served, the court:

(a) For good cause shown may release the address
of the person to be examined; and

3. If at the time such a deposition is
taken, the district attorney anticipates using the deposition at trial, the
court shall so state in the order for the deposition and the accused must be
given the opportunity to cross-examine the deponent in the same manner as
permitted at trial.

4. Except as limited by NRS 174.228, the
court may allow the videotaped deposition to be used at any proceeding in
addition to or in lieu of the direct testimony of the deponent. It may also be
used by any party to contradict or impeach the testimony of the deponent as a
witness. If only a part of the deposition is offered in evidence by a party, an
adverse party may require the party to offer all of it which is relevant to the
part offered and any party may offer other parts.

Sec. 10.7. NRS
174.228 is hereby amended to read as follows:

174.228 A court may allow a videotaped
deposition to be used instead of the deponents testimony at trial only if:

1. In the case of a victim of sexual
abuse, as that term is defined in NRS 432B.100:

(a) Before the deposition is taken, a hearing is
held by a justice of the peace or district judge who finds that:

(1) The use of the videotaped deposition
in lieu of testimony at trial is necessary to protect the welfare of the
victim; and

(2) The presence of the accused at trial
would inflict trauma, more than minimal in degree, upon the victim; and

(b) At the time a party seeks to use the
deposition, the court determines that the conditions set forth in subparagraphs
(1) and (2) of paragraph (a) continue to exist. The court may hold a hearing
before the use of the deposition to make its determination.

2. In the case of a victim of sex trafficking as that term is
defined in subsection 2 of NRS 201.300:

(a) Before
the deposition is taken, a hearing is held by a justice of the peace or
district judge and the justice or judge finds that cause exists pursuant to
paragraph (c) of subsection 1 of NRS 174.227; and

(b) Before
allowing the videotaped deposition to be used at trial, the court finds that
the victim is unavailable as a witness.

3. In
all cases:

(a) A justice of the peace or district judge
presides over the taking of the deposition;

(b) The accused is able to hear and see the
proceedings;

(c) The accused is represented by counsel who, if
physically separated from the accused, is able to communicate orally with the
accused by electronic means;

(d) The accused is given an adequate opportunity
to cross-examine the deponent subject to the protection of the deponent deemed
necessary by the court; and

(e) The deponent testifies under oath.

Secs. 11-23. (Deleted by
amendment.)

Sec. 24. NRS
179.121 is hereby amended to read as follows:

179.121 1. All personal
property, including, without limitation, any tool, substance, weapon, machine,
computer, money or security, which is used as an instrumentality in any of the
following crimes is subject to forfeiture:

2. Except as otherwise provided for
conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances,
including aircraft, vehicles or vessels, which are used or intended for use
during the commission of a felony or a violation of NRS 202.287, 202.300 or
465.070 to 465.085, inclusive, are subject to forfeiture except that:

(a) A conveyance used by any person as a common
carrier in the transaction of business as a common carrier is not subject to
forfeiture under this section unless it appears that the owner or other person
in charge of the conveyance is a consenting party or privy to the felony or
violation;

(b) A conveyance is not subject to forfeiture
under this section by reason of any act or omission established by the owner
thereof to have been committed or omitted without the owners knowledge,
consent or willful blindness;

(c) A conveyance is not subject to forfeiture for
a violation of NRS 202.300 if the firearm used in the violation of that section
was not loaded at the time of the violation; and

(d) A forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest of the secured party if
the secured party neither had knowledge of nor consented to the felony. If a
conveyance is forfeited, the appropriate law enforcement agency may pay the
existing balance and retain the conveyance for official use.

3. For the purposes of this section, a
firearm is loaded if:

(a) There is a cartridge in the chamber of the
firearm;

(b) There is a cartridge in the cylinder of the
firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the
magazine is in the firearm or there is a cartridge in the chamber, if the
firearm is a semiautomatic firearm.

4. As used in this section, act of
terrorism has the meaning ascribed to it in NRS 202.4415.

Sec. 25. NRS
179.460 is hereby amended to read as follows:

179.460 1. The Attorney
General or the district attorney of any county may apply to a Supreme Court
justice or to a district judge in the county where the interception is to take
place for an order authorizing the interception of wire or oral communications,
and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant
an order authorizing the interception of wire or oral communications by
investigative or law enforcement officers having responsibility for the
investigation of the offense as to which the application
is made, when the interception may provide evidence of the commission of
murder, kidnapping, robbery, extortion, bribery, escape of an offender in the
custody of the Department of Corrections, destruction of public property by
explosives, a sexual offense against a child , sex trafficking, a violation of
NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS
200.467 or 200.468 or the commission of any offense which is made a felony by
the provisions of chapter 453 or 454 of NRS.

offense as to which the application is made, when the
interception may provide evidence of the commission of murder, kidnapping,
robbery, extortion, bribery, escape of an offender in the custody of the
Department of Corrections, destruction of public property by explosives, a
sexual offense against a child ,
sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in
persons in violation of NRS 200.467 or 200.468 or the commission
of any offense which is made a felony by the provisions of chapter 453 or 454
of NRS.

2. A good faith reliance by a public
utility on a court order shall constitute a complete defense to any civil or
criminal action brought against the public utility on account of any
interception made pursuant to the order.

3. As used in this section, sexual
offense against a child includes any act upon a child constituting:

(a) Incest pursuant to NRS 201.180;

(b) Lewdness with a child pursuant to NRS
201.230;

(c) Sado-masochistic abuse pursuant to NRS
201.262;

(d) Sexual assault pursuant to NRS 200.366;

(e) Statutory sexual seduction pursuant to NRS
200.368;

(f) Open or gross lewdness pursuant to NRS
201.210; or

(g) Luring a child or a person with mental
illness pursuant to NRS 201.560, if punished as a felony.

Sec. 26. NRS
179D.0357 is hereby amended to read as follows:

179D.0357 Crime against a child means
any of the following offenses if the victim of the offense was less than 18
years of age when the offense was committed:

1. Kidnapping pursuant to NRS 200.310 to
200.340, inclusive, unless the offender is the parent or guardian of the
victim.

2. False imprisonment pursuant to NRS
200.460, unless the offender is the parent or guardian of the victim.

5. An offense committed in another
jurisdiction that, if committed in this State, would be an offense listed in this
section. This subsection includes, without limitation, an offense prosecuted
in:

(a) A tribal court.

(b) A court of the United States or the Armed
Forces of the United States.

6. An offense against a child committed in
another jurisdiction, whether or not the offense would be an offense listed in
this section, if the person who committed the offense resides or has resided or
is or has been a student or worker in any jurisdiction in which the person is
or has been required by the laws of that jurisdiction to register as an
offender who has committed a crime against a child because of the offense. This
subsection includes, without limitation, an offense prosecuted in:

(a) A tribal court.

(b) A court of the United States or the Armed
Forces of the United States.

(a) Murder of the first degree committed in the
perpetration or attempted perpetration of sexual assault or of sexual abuse or
sexual molestation of a child less than 14 years of age pursuant to paragraph
(b) of subsection 1 of NRS 200.030.

(e) An offense involving the administration of a
drug to another person with the intent to enable or assist the commission of a
felony pursuant to NRS 200.405, if the felony is an offense listed in this
section.

(f) An offense involving the administration of a
controlled substance to another person with the intent to enable or assist the
commission of a crime of violence pursuant to NRS 200.408, if the crime of
violence is an offense listed in this section.

(g) Abuse of a child pursuant to NRS 200.508, if
the abuse involved sexual abuse or sexual exploitation.

(h) An offense involving pornography and a minor
pursuant to NRS 200.710 to 200.730, inclusive.

(i) Incest pursuant to NRS 201.180.

(j) Solicitation of a minor to engage in acts
constituting the infamous crime against nature pursuant to NRS 201.195.

(k) Open or gross lewdness pursuant to NRS
201.210.

(l) Indecent or obscene exposure pursuant to NRS
201.220.

(m) Lewdness with a child pursuant to NRS
201.230.

(n) Sexual penetration of a dead human body
pursuant to NRS 201.450.

(o) Luring a child or a person with mental
illness pursuant to NRS 201.560, if punished as a felony.

(p) Sex
trafficking pursuant to NRS 201.300.

(q) Any
other offense that has an element involving a sexual act or sexual conduct with
another.

[(q)](r) An attempt or conspiracy to commit
an offense listed in paragraphs (a) to [(p),](q), inclusive.

[(r)](s) An offense that is determined to be
sexually motivated pursuant to NRS 175.547 or 207.193.

[(s)](t) An offense committed in another
jurisdiction that, if committed in this State, would be an offense listed in
this section. This paragraph includes, without limitation, an offense prosecuted
in:

(1) A tribal court.

(2) A court of the United States or the
Armed Forces of the United States.

[(t)](u) An offense of a sexual nature
committed in another jurisdiction, whether or not the offense would be an
offense listed in this section, if the person who committed the offense resides
or has resided or is or has been a student or worker in any jurisdiction in
which the person is or has been required by the laws of that jurisdiction to
register as a sex offender because of the offense. This paragraph includes,
without limitation, an offense prosecuted in:

(2) A court of the United States or the
Armed Forces of the United States.

(3) A court having jurisdiction over
juveniles.

2. The term does not include an offense
involving consensual sexual conduct if the victim was:

(a) An adult, unless the adult was under the
custodial authority of the offender at the time of the offense; or

(b) At least 13 years of age and the offender was
not more than 4 years older than the victim at the time of the commission of
the offense.

Sec. 28. NRS
179D.115 is hereby amended to read as follows:

179D.115 Tier II offender means an
offender convicted of a crime against a child or a sex offender, other than a
Tier III offender, whose crime against a child is punishable by imprisonment
for more than 1 year or whose sexual offense:

1. If committed against a child,
constitutes:

(a) Luring a child pursuant to NRS 201.560, if
punishable as a felony;

(b) Abuse of a child pursuant to NRS 200.508, if
the abuse involved sexual abuse or sexual exploitation;

(d) An offense involving pornography and a minor
pursuant to NRS 200.710 to 200.730, inclusive; or

(e) Any other offense that is comparable to or
more severe than the offenses described in 42 U.S.C. § 16911(3);

2. Involves an attempt or conspiracy to
commit any offense described in subsection 1;

3. If committed in another jurisdiction,
is an offense that, if committed in this State, would be an offense listed in
this section. This subsection includes, without limitation, an offense
prosecuted in:

(a) A tribal court; or

(b) A court of the United States or the Armed
Forces of the United States; or

4. Is committed after the person becomes a
Tier I offender if any of the persons sexual offenses constitute an offense
punishable by imprisonment for more than 1 year.

Sec. 29. NRS
179D.495 is hereby amended to read as follows:

179D.495 If a person who is required to
register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of
an offense described in paragraph [(p)](q) of subsection 1
of NRS 179D.097, paragraph (e) of subsection 1 or subsection 3 of NRS 179D.115
or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine
whether the person is required to register as a Tier I offender, Tier II
offender or Tier III offender.

Sec. 30. NRS
199.480 is hereby amended to read as follows:

199.480 1. Except as
otherwise provided in subsection 2, whenever two or more persons conspire to
commit murder, robbery, sexual assault, kidnapping in the first or second
degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or
200.464, a violation of any provision of NRS 200.465, trafficking in persons in
violation of NRS 200.467 or 200.468, sex
trafficking in violation of NRS 201.300 or a violation of NRS 205.463, each
person is guilty of a category B felony and shall be punished:

NRS 200.467 or
200.468, sex trafficking in violation of NRS 201.300 or a
violation of NRS 205.463, each person is guilty of a category B felony and
shall be punished:

(a) If the conspiracy was to commit robbery,
sexual assault, kidnapping in the first or second degree, arson in the first or
second degree, involuntary
servitude in violation of NRS 200.463 or 200.464, a violation of any provision
of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468,
sex trafficking in violation of NRS 201.300 or a violation of NRS
205.463, by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years; or

(b) If the conspiracy was to commit murder, by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 10 years,

Κ and may be
further punished by a fine of not more than $5,000.

2. If the conspiracy subjects the
conspirators to criminal liability under NRS 207.400, they shall be punished in
the manner provided in NRS 207.400.

3. Whenever two or more persons conspire:

(a) To commit any crime other than those set
forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;

(b) Falsely and maliciously to procure another to
be arrested or proceeded against for a crime;

(c) Falsely to institute or maintain any action
or proceeding;

(d) To cheat or defraud another out of any
property by unlawful or fraudulent means;

(e) To prevent another from exercising any lawful
trade or calling, or from doing any other lawful act, by force, threats or
intimidation, or by interfering or threatening to interfere with any tools,
implements or property belonging to or used by another, or with the use or
employment thereof;

(f) To commit any act injurious to the public
health, public morals, trade or commerce, or for the perversion or corruption
of public justice or the due administration of the law; or

(g) To accomplish any criminal or unlawful
purpose, or to accomplish a purpose, not in itself criminal or unlawful, by
criminal or unlawful means,

Κ each person
is guilty of a gross misdemeanor.

Sec. 31. Chapter
200 of NRS is hereby amended by adding thereto the provisions set forth as
sections 32 and 33 of this act.

Sec. 32. 1. In addition to any other penalty, the court
may order a person convicted of a violation of any provision of NRS 200.463,
200.464 or 200.465 to pay restitution to the victim as provided in subsection
2.

2. Restitution
ordered pursuant to this section may include, without limitation:

(a) The
cost of medical and psychological treatment, including, without limitation,
physical and occupational therapy and rehabilitation;

(b) The
cost of transportation, temporary housing and child care;

(c) The
return of property, the cost of repairing damaged property or the full value of
the property if it is destroyed or damaged beyond repair;

(d) Expenses
incurred by a victim in relocating away from the defendant or his or her
associates, if the expenses are verified by law enforcement to be necessary for
the personal safety of the victim;

(e) The
cost of repatriation of the victim to his or her home country, if applicable;
and

(f) Any
and all other losses suffered by the victim as a result of the violation of any
provision of NRS 200.463, 200.464 or 200.465.

3. The
return of the victim to his or her home country or other absence of the victim
from the jurisdiction does not prevent the victim from receiving restitution.

4. As
used in this section, victim means any person:

(a) Against
whom a violation of any provision of NRS 200.463, 200.464 or 200.465 has been
committed; or

(b) Who
is the surviving child of such a person.

Sec. 33. 1. In addition to any other penalty, the court
may order a person convicted of violation of any provision of NRS 200.467 or
200.468 to pay restitution to the victim as provided in subsection 2.

2. Restitution
ordered pursuant to this section may include, without limitation:

(a) The
cost of medical and psychological treatment, including, without limitation,
physical and occupational therapy and rehabilitation;

(b) The
cost of transportation, temporary housing and child care;

(c) The
return of property, the cost of repairing damaged property or the full value of
the property if it is destroyed or damaged beyond repair;

(d) Expenses
incurred by a victim in relocating away from the defendant or his or her
associates, if the expenses are verified by law enforcement to be necessary for
the personal safety of the victim;

(e) The
cost of repatriation of the victim to his or her home country, if applicable; and

(f) Any
and all other losses suffered by the victim as a result of the violation of any
provision of NRS 200.467 or 200.468.

3. The
return of the victim to his or her home country or other absence of the victim
from the jurisdiction does not prevent the victim from receiving restitution.

4. As
used in this section, victim means any person:

(a) Against
whom a violation of any provision of NRS 200.467 or 200.468 has been committed;
or

(b) Who
is the surviving child of such a person.

Sec. 34. NRS
200.364 is hereby amended to read as follows:

200.364 As used in NRS 200.364 to
200.3784, inclusive, unless the context otherwise requires:

1. Offense involving a pupil means any
of the following offenses:

(a) Sexual conduct between certain employees of a
school or volunteers at a school and a pupil pursuant to NRS 201.540.

(b) Sexual conduct between certain employees of a
college or university and a student pursuant to NRS 201.550.

2. Perpetrator means a person who
commits a sexual offense , [or]
an offense involving a pupil[.] or sex trafficking.

[4.]5. Sexual penetration means
cunnilingus, fellatio, or any intrusion, however slight, of any part of a
persons body or any object manipulated or inserted by a
person into the genital or anal openings of the body of another, including
sexual intercourse in its ordinary meaning.

manipulated or inserted by a person into the genital or anal
openings of the body of another, including sexual intercourse in its ordinary
meaning.

[5.]6. Statutory sexual seduction
means:

(a) Ordinary sexual intercourse, anal
intercourse, cunnilingus or fellatio committed by a person 18 years of age or
older with a person under the age of 16 years; or

(b) Any other sexual penetration committed by a
person 18 years of age or older with a person under the age of 16 years with
the intent of arousing, appealing to, or gratifying the lust or passions or
sexual desires of either of the persons.

[6.]7. Victim means a person who is
a victim of a sexual offense , [or]
an offense involving a pupil[.] or sex trafficking.

Sec. 35. NRS
200.377 is hereby amended to read as follows:

200.377 The Legislature finds and declares
that:

1. This State has a compelling interest in
assuring that the victim of a sexual offense ,[or]
an offense involving a pupil[:] or sex trafficking:

(b) Cooperates in the investigation and
prosecution of the sexual offense ,
[or] offense involving a pupil[;]or sex trafficking; and

(c) Testifies at the criminal trial of the person
charged with committing the sexual offense , [or]
offense involving a pupil[.] or sex trafficking.

2. The fear of public identification and
invasion of privacy are fundamental concerns for the victims of sexual offenses ,[or]
offenses involving a pupil[.]or sex trafficking. If
these concerns are not addressed and the victims are left unprotected, the
victims may refrain from reporting and prosecuting sexual offenses ,[or]
offenses involving a pupil[.] or sex trafficking.

3. A victim of a sexual offense ,[or]
an offense involving a pupil or
sex trafficking may be harassed, intimidated and psychologically
harmed by a public report that identifies the victim. A sexual offense ,[or]
an offense involving a pupil or
sex trafficking is, in many ways, a unique, distinctive and
intrusive personal trauma. The consequences of identification are often
additional psychological trauma and the public disclosure of private personal
experiences.

4. Recent public criminal trials have focused
attention on these issues and have dramatized the need for basic protections
for the victims of sexual offenses
,[or] offenses involving a pupil[.] or sex trafficking.

5. The public has no overriding need to
know the individual identity of the victim of a sexual offense ,[or]
an offense involving a pupil[.] or sex trafficking.

6. The purpose of NRS 200.3771 to
200.3774, inclusive, is to protect the victims of sexual offenses ,[and]
offenses involving a pupil or sex
trafficking from harassment, intimidation, psychological trauma
and the unwarranted invasion of their privacy by prohibiting the disclosure of
their identities to the public.

Sec. 36. NRS
200.3771 is hereby amended to read as follows:

200.3771 1. Except as
otherwise provided in this section, any information which is contained in:

(a) Court records, including testimony from
witnesses;

(b) Intelligence or investigative data, reports
of crime or incidents of criminal activity or other information;

(c) Records of criminal history, as that term is
defined in NRS 179A.070; and

(d) Records in the Central Repository for Nevada
Records of Criminal History,

Κ that reveals
the identity of a victim of a sexual offense ,[or]
an offense involving a pupil or
sex trafficking is confidential, including but not limited to the
victims photograph, likeness, name, address or telephone number.

2. A defendant charged with a sexual
offense ,[or]
an offense involving a pupil or
sex trafficking and the defendants attorney are entitled to all
identifying information concerning the victim in order to prepare the defense
of the defendant. The defendant and the defendants attorney shall not disclose
this information except, as necessary, to those persons directly involved in
the preparation of the defense.

3. A court of competent jurisdiction may
authorize the release of the identifying information, upon application, if the
court determines that:

(a) The person making the application has
demonstrated to the satisfaction of the court that good cause exists for the
disclosure;

(b) The disclosure will not place the victim at
risk of personal harm; and

(c) Reasonable notice of the application and an
opportunity to be heard have been given to the victim.

4. Nothing in this section prohibits:

(a) Any publication or broadcast by the media
concerning a sexual offense ,[or] an offense involving a pupil[.] or sex trafficking.

(b) The disclosure of identifying information to
any nonprofit organization or public agency whose purpose is to provide
counseling, services for the management of crises or other assistance to the
victims of crimes if:

(1) The organization or agency needs
identifying information of victims to offer such services; and

(2) The court or a law enforcement agency
approves the organization or agency for the receipt of the identifying
information.

5. The willful violation of any provision
of this section or the willful neglect or refusal to obey any court order made
pursuant thereto is punishable as criminal contempt.

Sec. 37. NRS
200.3772 is hereby amended to read as follows:

200.3772 1. A victim of a
sexual offense ,[or]
an offense involving a pupil or
sex trafficking may choose a pseudonym to be used instead of the
victims name on all files, records and documents pertaining to the sexual
offense , [or]
offense involving a pupil[,]or sex trafficking, including,
without limitation, criminal intelligence and investigative reports, court
records and media releases.

2. A victim who chooses to use a pseudonym
shall file a form to choose a pseudonym with the law enforcement agency
investigating the sexual offense ,[or] offense involving a pupil[.]or sex trafficking. The
form must be provided by the law enforcement agency.

3. If the victim files a form to use a
pseudonym, as soon as practicable the law enforcement agency shall make a good
faith effort to:

(a) Substitute the pseudonym for the name of the
victim on all reports, files and records in the agencys possession; and

(b) Notify the prosecuting attorney of the
pseudonym.

Κ The law
enforcement agency shall maintain the form in a manner that protects the
confidentiality of the information contained therein.

4. Upon notification that a victim has
elected to be designated by a pseudonym, the court shall ensure that the victim
is designated by the pseudonym in all legal proceedings concerning the sexual
offense ,[or]
offense involving a pupil[.] or sex trafficking.

5. The information contained on the form
to choose a pseudonym concerning the actual identity of the victim is
confidential and must not be disclosed to any person other than the defendant
or the defendants attorney unless a court of competent jurisdiction orders the
disclosure of the information. The disclosure of information to a defendant or
the defendants attorney is subject to the conditions and restrictions
specified in subsection 2 of NRS 200.3771. A person who violates this
subsection is guilty of a misdemeanor.

6. A court of competent jurisdiction may
order the disclosure of the information contained on the form only if it finds
that the information is essential in the trial of the defendant accused of the
sexual offense ,[or]
offense involving a pupil or sex
trafficking, or the identity of the victim is at issue.

7. A law enforcement agency that complies
with the requirements of this section is immune from civil liability for
unknowingly or unintentionally:

(a) Disclosing any information contained on the
form filed by a victim pursuant to this section that reveals the identity of
the victim; or

(b) Failing to substitute the pseudonym of the
victim for the name of the victim on all reports, files and records in the
agencys possession.

Sec. 38. NRS
200.3773 is hereby amended to read as follows:

200.3773 1. A public officer
or employee who has access to any records, files or other documents which
include the photograph, likeness, name, address, telephone number or other fact
or information that reveals the identity of a victim of a sexual offense ,[or]
an offense involving a pupil or
sex trafficking shall not intentionally or knowingly disclose the
identifying information to any person other than:

(a) The defendant or the defendants attorney;

(b) A person who is directly involved in the
investigation, prosecution or defense of the case;

(c) A person specifically named in a court order
issued pursuant to NRS 200.3771; or

(d) A nonprofit organization or public agency
approved to receive the information pursuant to NRS 200.3771.

2. A person who violates the provisions of
subsection 1 is guilty of a misdemeanor.

Sec. 39. NRS
200.3774 is hereby amended to read as follows:

200.3774 The provisions of NRS 200.3771,
200.3772 and 200.3773 do not apply if the victim of the sexual offense ,[or]
offense involving a pupil or sex
trafficking voluntarily waives, in writing, the confidentiality
of the information concerning the victims identity.

Sec. 40. Chapter
201 of NRS is hereby amended by adding thereto the provisions set forth as
sections 40.3 and 40.7 of this act.

Sec. 40.3. 1. The Attorney General has concurrent
jurisdiction with the district attorneys of the counties in this State to
prosecute any violation of NRS 201.300 or 201.320.

2. When
acting pursuant to this section, the Attorney General may commence an
investigation and file a criminal action without leave of court and the
Attorney General has exclusive charge of the conduct of the prosecution.

Sec. 40.7. 1. In addition to any other penalty, the court
may order a person convicted of a violation of any provision of NRS 201.300 or
201.320 to pay restitution to the victim as provided in subsection 2.

2. Restitution
ordered pursuant to this section may include, without limitation:

(a) The
cost of medical and psychological treatment, including, without limitation,
physical and occupational therapy and rehabilitation;

(b) The
cost of transportation, temporary housing and child care;

(c) The
return of property, the cost of repairing damaged property or the full value of
the property if it is destroyed or damaged beyond repair;

(d) Expenses
incurred by a victimin
relocating away from the defendant or his or her associates, if the expenses
are verified by law enforcement to be necessary for the personal safety of the
victim;

(e) The
cost of repatriation of the victim to his or her home country, if applicable;
and

(f) Any
and all other losses suffered by the victim as a result of the violation of any
provision of NRS 201.300 or 201.320.

3. The
return of the victim to his or her home country or other absence of the victim
from the jurisdiction does not prevent the victim from receiving restitution.

4. As
used in this section, victim means any person:

(a) Against
whom a violation of any provision of NRS 201.300 or 201.320 has been committed;
or

(b) Who
is the surviving child of such a person.

Sec. 41. NRS
201.295 is hereby amended to read as follows:

201.295 As used in NRS 201.295 to 201.440,
inclusive, and sections 40.3 and
40.7 of this act, unless the context otherwise requires:

1. Adult means a person 18 years of age
or older.

2. Child means a person less than 18
years of age.

3. Induce means to persuade, encourage, inveigle or entice.

4. Prostitute
means a male or female person who for a fee , monetary consideration or other thing of value engages
in sexual intercourse, oral-genital contact or any touching of the sexual
organs or other intimate parts of a person for the purpose of arousing or
gratifying the sexual desire of either person.

[4.]5. Prostitution means engaging
in sexual conduct with another
person in return for a fee[.

5.] , monetary consideration or other thing
of value.

6. Sexual
conduct means any of the acts enumerated in subsection [3.] 4.

7. Transports
means to transport or cause to be transported, by any means of conveyance,
into, through or across this State, or to aid or assist in obtaining such
transportation.

Sec. 42. NRS
201.300 is hereby amended to read as follows:

201.300 1. A person who[:

(a) Induces,persuades, encourages, inveigles, entices or compelsaperson
to] , without
physical force or the immediate threat of physical force, induces an adult to
unlawfully become a prostitute or to continue to engage in prostitution [;] , or to enter any place within this
State in which prostitution is practiced, encouraged or allowed for the purpose
of sexual conduct or prostitution

engage in prostitution[;] , or to enter any place within this
State in which prostitution is practiced, encouraged or allowed for the purpose
of sexual conduct or prostitution

[(b) By threats, violence or by any device or scheme,
causes, induces, persuades, encourages, takes, places, harbors, inveigles or
entices a person to become an inmate of a house of prostitution or assignation
place, or any place whereprostitution is practiced, encouraged or
allowed;

(c) By
threats, violence, or by any device or scheme, by fraud or artifice, or by
duress of person or goods, or by abuse of any position of confidence or
authority, or having legal charge, takes, places, harbors, inveigles, entices,
persuades, encourages or procures a person to enter any place within this state
in which prostitution is practiced, encouraged or allowed, for the purpose of
prostitution;

(d) By
promises, threats, violence, or by any device or scheme, by fraud or artifice,
by duress of person or goods, or abuse of any position of confidence or
authority or having legal charge, takes, places, harbors, inveigles, entices,
persuades, encourages or procures a person of previous chaste character to
enter any place within this state in which prostitution is practiced,
encouraged or allowed, for the purpose of sexual intercourse;

(e) Takes
or detains a person with the intent to compel the person by force, threats,
menace or duress to marry him or her or any other person; or

(f) Receives,
gives or agrees to receive or give any money or thing of value for procuring or
attempting to procure a person to become a prostitute or to come into this
state or leave this state for the purpose of prostitution,

Κ is
guilty ofpandering.

2. A
person who is found guilty ofpandering:

(a) An
adult:

(1) If
physical force or the immediate threat of physical force is used upon the
adult, is guilty of a category C felony and shall be punished as provided in
NRS 193.130.

(2) If
no physical force or immediate threat of physical force is used upon the adult,]
is guilty of pandering which is a
category [D]C felony and shall be punished as provided in
NRS 193.130.

[(b) A child:

(1) Ifphysical force or the immediate threat of physical force is used upon the
child, is guilty of a category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 2 years and a maximum
term of not more than 20 yearsand may be further punished by a fine of
not more than $20,000.

(2) If
no physical force or immediate threat of physical force is used upon the child,
is guilty of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 10 years and may be further punished by a fine of not more than
$10,000.

3.] This
[section]subsection does not apply to the customer of a
prostitute.

2. A
person:

(a) Is
guilty of sex trafficking if the person:

(1) Induces,
causes, recruits, harbors, transports, provides, obtains or maintains a child
to engage in prostitution, or to enter any place within this State in which
prostitution is practiced, encouraged or allowed for the purpose of sexual
conduct or prostitution;

(2) Induces,
recruits, harbors, transports, provides, obtains or maintains a person by any
means, knowing, or in reckless disregard of the fact, that threats, violence,
force, intimidation, fraud, duress or coercion will be used to cause the person
to engage in prostitution, or to enter any place within this State in which
prostitution is practiced, encouraged or allowed for the purpose of sexual
conduct or prostitution;

(3) By
threats, violence, force, intimidation, fraud, duress, coercion, by any device
or scheme, or by abuse of any position of confidence or authority, or having
legal charge, takes, places, harbors, induces, causes, compels or procures a
person to engage in prostitution, or to enter any place within this State in
which prostitution is practiced, encouraged or allowed for the purpose of
sexual conduct or prostitution; or

(4) Takes
or detains a person with the intent to compel the person by force, violence,
threats or duress to marry him or her or any other person.

(b) Who
is found guilty of sex trafficking:

(1) An
adult is guilty of a category B felony and shall be punished by imprisonment in
the state prison for a minimum term of not less than 3 years and a maximum term
of not more than 10 years, and may be further punished by a fine of not more
than $10,000.

(2) A
child:

(I) If
the child is less than 14 years of age when the offense is committed, is guilty
of a category A felony and shall be punished by imprisonment in the state
prison for life with the possibility of parole, with eligibility for parole
beginning when a minimum of 15 years has been served, and may be further
punished by a fine of not more than $20,000.

(II) If
the child is at least 14 years of age but less than 16 years of age when the
offense is committed, is guilty of a category A felony and shall be punished by
imprisonment in the state prison for life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served,
and may be further punished by a fine of not more than $10,000.

(III) If
the child is at least 16 years of age but less than 18 years of age when the
offense is committed, is guilty of a category A felony and shall be punished by
imprisonment in the state prison for life with the possibility of parole, with
eligibility for parole beginning when a minimum of 5 years has been served, and
may be further punished by a fine of not more than $10,000.

3. A
court shall not grant probation to or suspend the sentence of a person
convicted of sex trafficking a child pursuant to subsection 2.

4. Consent
of a victim of pandering or sex trafficking to an act of prostitution is not a
defense to a prosecution for any of the acts prohibited by this section.

5. In
a prosecution for sex trafficking a childpursuant to subsection 2, it is not a defense that the
defendant did not have knowledge of the victims age, nor is reasonable mistake
of age a valid defense to a prosecution conducted pursuant to subsection 2.

Sec. 43. NRS
201.350 is hereby amended to read as follows:

201.350 It shall not be a defense to a
prosecution for any of the acts prohibited in NRS 201.300 [to 201.340, inclusive,]or 201.320 that any
part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been
committed, and the offender tried and punished, in any county in which the
prostitution was consummated, or any overt act in furtherance of the offense
shall have been committed.

offense shall in such case be deemed and alleged to have been
committed, and the offender tried and punished, in any county in which the
prostitution was consummated, or any overt act in furtherance of the offense
shall have been committed.

Sec. 43.5. NRS
201.351 is hereby amended to read as follows:

201.351 1. All assets derived
from or relating to any violation of NRS 201.300 [to 201.340, inclusive, in
which the victim of the offense is a child when the offense is committed]or 201.320 are
subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture
may be brought pursuant to NRS 179.1156 to 179.121, inclusive.

2. In any proceeding for forfeiture
brought pursuant to NRS 179.1156 to 179.121, inclusive, the plaintiff may apply
for, and a court may issue without notice or hearing, a temporary restraining
order to preserve property which would be subject to forfeiture pursuant to
this section if:

(a) The forfeitable property is in the possession
or control of the party against whom the order will be entered; and

(b) The court determines that the nature of the
property is such that it can be concealed, disposed of or placed beyond the
jurisdiction of the court before a hearing on the matter.

3. A temporary restraining order which is
issued without notice may be issued for not more than [10]30 days and may be
extended only for good cause or by consent. The court shall provide notice and
hold a hearing on the matter before the order expires.

4. Any proceeds derived from a forfeiture
of property pursuant to this section and remaining after the distribution
required by subsection 1 of NRS 179.118 must be deposited with the county
treasurer and distributed to programs for the prevention of child prostitution or for services to victims which
are designated to receive such distributions by the district attorney of the
county.

Sec. 44. NRS
201.352 is hereby amended to read as follows:

201.352 1. If a person is
convicted of a violation of [any provision]subsection 2 of NRS
201.300 [to 201.340, inclusive, and]or NRS 201.320, the victim
of the violation is a child [who is:

(a) At
least 14 years of age but less than 18 years of age when the offense is
committed, the court may, in addition to the punishment prescribed by statute
for the offense and any fine imposed pursuant to subsection 2, impose a fine of
not more than $100,000.

(b) Less
than 14 years of age] when the offense is committed[,]and physical force or violence or the
immediate threat of physical force or violence is used upon the child, the
court may, in addition to the term of imprisonment prescribed by statute for
the offense and any fine imposed pursuant to subsection 2, impose a fine of not
more than $500,000.

2. If a person is convicted of a violation
of [any provision]subsection 2 of NRS 201.300 [to
201.340, inclusive,]or NRS 201.320, the victim of the offense is a
child when the offense is committed and the offense also involves a conspiracy
to commit a violation of subsection
2 of NRS 201.300 [to 201.340, inclusive,]or NRS 201.320, the court
may, in addition to the punishment prescribed by statute for the offense of a
provision of subsection 2 of NRS
201.300 [to 201.340, inclusive,]or NRS 201.320 and any fine
imposed pursuant to subsection 1, impose a fine of not more than $500,000.

3. The provisions of subsections 1 and 2
do not create a separate offense but provide an additional penalty for the
primary offense, the imposition of which is contingent upon the finding of the
prescribed fact.

Sec. 45. NRS
202.876 is hereby amended to read as follows:

202.876 Violent or sexual offense means
any act that, if prosecuted in this State, would constitute any of the
following offenses:

6. Administering poison or another noxious
or destructive substance or liquid with intent to cause death pursuant to NRS
200.390.

7. Battery with intent to commit a crime
pursuant to NRS 200.400.

8. Administering a drug or controlled
substance to another person with the intent to enable or assist the commission
of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

9. False imprisonment pursuant to NRS
200.460 if the false imprisonment involves the use or threatened use of force
or violence against the victim or the use or threatened use of a firearm or a
deadly weapon.

10. Assault with a deadly weapon pursuant
to NRS 200.471.

11. Battery which is committed with the
use of a deadly weapon or which results in substantial bodily harm as described
in NRS 200.481 or battery which is committed by strangulation as described in
NRS 200.481 or 200.485.

12. An offense involving pornography and a
minor pursuant to NRS 200.710 or 200.720.

13. Solicitation of a minor to engage in
acts constituting the infamous crime against nature pursuant to NRS 201.195.

5. A pedestrian who is physically injured
or killed as the direct result of a driver of a motor vehicle who failed to
stop at the scene of an accident involving the driver and the pedestrian in
violation of NRS 484E.010;

6. An older person who is abused, neglected,
exploited or isolated in violation of NRS 200.5099 or 200.50995; [or]

7. A resident who is physically injured or
killed as the direct result of an act of international terrorism as defined in
18 U.S.C. § 2331(1)[.] ; or

8. A
person who is trafficked in violation of subsection 2 of NRS 201.300.

Κ The term
includes a person who was harmed by any of these acts whether the act was
committed by an adult or a minor.

Sec. 48. NRS
217.180 is hereby amended to read as follows:

217.180 1. Except as
otherwise provided in subsection 2, in determining whether to make an order for
compensation, the compensation officer shall consider the provocation, consent
or any other behavior of the victim that directly or indirectly contributed to
the injury or death of the victim, the prior case or social history, if any, of
the victim, the need of the victim or the dependents of the victim for
financial aid and other relevant matters.

2. If the case involves a victim of
domestic violence ,[or]
sexual assault[,]or sex trafficking, the
compensation officer shall not consider the provocation, consent or any other
behavior of the victim that directly or indirectly contributed to the injury or
death of the victim.

3. If the applicant has received or is
likely to receive an amount on account of the applicants injury or the death
of another from:

(a) The person who committed the crime that
caused the victims injury or from anyone paying on behalf of the offender;

(b) Insurance;

(c) The employer of the victim; or

(d) Another private or public source or program
of assistance,

Κ the
applicant shall report the amount received or that the applicant is likely to
receive to the compensation officer. Any of those sources that are obligated to
pay an amount after the award of compensation shall pay the Board the amount of
compensation that has been paid to the applicant and pay the remainder of the
amount due to the applicant. The compensation officer shall deduct the amounts
that the applicant has received or is likely to receive from those sources from
the applicants total expenses.

4. An order for compensation may be made
whether or not a person is prosecuted or convicted of an offense arising from
the act on which the claim for compensation is based.

5. As used in this section:

(a) Domestic violence means an act described in
NRS 33.018.

(b) Public source or program of assistance
means:

(1) Public assistance, as defined in NRS
422.050 and 422A.065;

(2) Social services provided by a social
service agency, as defined in NRS 430A.080; or

217.400 As used in NRS 217.400 to 217.475,
inclusive, unless the context otherwise requires:

1. Dating relationship means frequent,
intimate associations primarily characterized by the expectation of affectional
or sexual involvement. The term does not include a casual relationship or an
ordinary association between persons in a business or social context.

2. Division means the Division of Child
and Family Services of the Department of Health and Human Services.

3. Domestic violence means:

(a) The attempt to cause or the causing of bodily
injury to a family or household member or the placing of the member in fear of
imminent physical harm by threat of force.

(b) Any of the following acts committed by a
person against a family or household member, a person with whom he or she had
or is having a dating relationship or with whom he or she has a child in
common, or upon his or her minor child or a minor child of that person:

(1) A battery.

(2) An assault.

(3) Compelling the other by force or
threat of force to perform an act from which he or she has the right to refrain
or to refrain from an act which he or she has the right to perform.

(4) A sexual assault.

(5) A knowing, purposeful or reckless
course of conduct intended to harass the other. Such conduct may include,
without limitation:

(I) Stalking.

(II) Arson.

(III) Trespassing.

(IV) Larceny.

(V) Destruction of private property.

(VI) Carrying a concealed weapon
without a permit.

(6) False imprisonment.

(7) Unlawful entry of the others
residence, or forcible entry against the others will if there is a reasonably
foreseeable risk of harm to the other from the entry.

4. Family or household member means a
spouse, a former spouse, a parent or other adult person who is related by blood
or marriage or is or was actually residing with the person committing the act
of domestic violence.

5. Participant means an adult, child or
incompetent person for whom a fictitious address has been issued pursuant to
NRS 217.462 to 217.471, inclusive.

6. Victim of domestic violence includes
the dependent children of the victim.

7. Victim of human trafficking means a person who is a victim
of:

(a) Involuntary
servitude as set forth in NRS 200.463 or 200.464.

(b) A
violation of any provision of NRS 200.465.

(c) Trafficking
in persons in violation of any provision of NRS 200.467 or 200.468.

8. Victim
of sexual assault means a person who has been sexually assaulted as defined in
NRS 200.366 or a person upon whom a sexual assault has been attempted.

[8.]9. Victim of stalking means a
person who is a victim of the crime of stalking or aggravated stalking as set
forth in NRS 200.575.

Sec. 50. NRS
217.462 is hereby amended to read as follows:

217.462 1. An adult person, a
parent or guardian acting on behalf of a child, or a guardian acting on behalf
of an incompetent person may apply to the Secretary of State to have a
fictitious address designated by the Secretary of State serve as the address of
the adult, child or incompetent person.

2. An application for the issuance of a
fictitious address must include:

(a) Specific evidence showing that the adult,
child or incompetent person has been a victim of domestic violence, human trafficking, sexual
assault or stalking before the filing of the application;

(b) The address that is requested to be kept
confidential;

(c) A telephone number at which the Secretary of
State may contact the applicant;

(d) A question asking whether the person wishes
to:

(1) Register to vote; or

(2) Change the address of his or her
current registration;

(e) A designation of the Secretary of State as
agent for the adult, child or incompetent person for the purposes of:

(1) Service of process; and

(2) Receipt of mail;

(f) The signature of the applicant;

(g) The date on which the applicant signed the
application; and

(h) Any other information required by the
Secretary of State.

3. It is unlawful for a person knowingly
to attest falsely or provide incorrect information in the application. A person
who violates this subsection is guilty of a misdemeanor.

4. The Secretary of State shall approve an
application if it is accompanied by specific evidence, such as a copy of an
applicable record of conviction, a temporary restraining order or other
protective order, that the adult, child or incompetent person has been a victim
of domestic violence, human
trafficking, sexual assault or stalking before the filing of the
application.

5. The Secretary of State shall approve or
disapprove an application for a fictitious address within 5 business days after
the application is filed.

Sec. 51. NRS
217.468 is hereby amended to read as follows:

217.468 1. Except as
otherwise provided in subsections 2 and 3, the Secretary of State shall cancel
the fictitious address of a participant 4 years after the date on which the
Secretary of State approved the application.

2. The Secretary of State shall not cancel
the fictitious address of a participant if, before the fictitious address of
the participant is cancelled, the participant shows to the satisfaction of the
Secretary of State that the participant remains in imminent danger of becoming
a victim of domestic violence, human
trafficking, sexual assault or stalking.

3. The Secretary of State may cancel the
fictitious address of a participant at any time if:

(a) The participant changes his or her
confidential address from the one listed in the application and fails to notify
the Secretary of State within 48 hours after the change of address;

(b) The Secretary of State determines that false
or incorrect information was knowingly provided in the application; or

(c) The participant files a declaration or
acceptance of candidacy pursuant to NRS 293.177 or 293C.185.

Sec. 52. NRS
432.153 is hereby amended to read as follows:

432.153 It is the intent of the
Legislature that law enforcement agencies in this State give a high priority to
the investigation of crimes concerning missing and exploited children.

Sec. 53. NRS
432.157 is hereby amended to read as follows:

432.157 1. The Office of
Advocate for Missing or Exploited Children is hereby created within the Office
of the Attorney General. The Advocate for Missing or Exploited Children may be
known as the Childrens Advocate.

2. The Attorney General shall appoint the
Childrens Advocate. The Childrens Advocate is in the unclassified service of
the State.

3. The Childrens Advocate:

(a) Must be an attorney licensed to practice law
in this state;

(b) Shall advise and represent the Clearinghouse
on all matters concerning missing or exploited children in this state; and

(c) Shall advocate the best interests of missing
or exploited children before any public or private body.

4. The Childrens Advocate may:

(a) Appear as an amicus curiae on behalf of
missing or exploited children in any court in this state;

(b) If requested, advise a political subdivision
of this state concerning its duty to protect missing or exploited children; [and]

(d) Investigate
and prosecute any alleged crime involving the exploitation of children,
including, without limitation, sex trafficking in violation of subsection 2 of
NRS 201.300or a
violation of NRS 201.320.

5. Upon request by the Childrens
Advocate, a district attorney or local law enforcement agency in this state
shall provide all information and assistance necessary to assist the Childrens
Advocate in carrying out the provisions of this section.

6. The
Childrens Advocate may apply for any available grants and accept gifts,
grants, bequests, appropriations or donations to assist the Childrens Advocate
in carrying out his or her duties pursuant to this section. Any money received
by the Childrens Advocate must be deposited in the Special Account for the
Support of the Office of Advocate for Missing or Exploited Children, which is
hereby created in the State General Fund.

7. Interest
and income earned on money in the Special Account must be credited to the
Special Account.

8. Money
in the Special Account may only be used for the support of the Office of
Advocate for Missing or Exploited Children and its activities pursuant to
subsection 2 of NRS 201.300, NRS 201.320 and 432.150 to 432.220, inclusive.

AN ACT relating to
victims of crime; creating the Contingency Account for Victims of Human
Trafficking in the State General Fund; authorizing the Director of the
Department of Health and Human Services to allocate money from the Account to
nonprofit corporations and agencies and political subdivisions of this State
for the purposes of establishing or providing programs and services to victims
of human trafficking; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law prohibits holding a person in involuntary
servitude, assuming ownership over a person, the purchase or sale of a person,
trafficking in persons, pandering and living from the earnings of a prostitute.
(NRS 200.463, 200.464, 200.465, 200.467, 200.468, 201.310-201.340) Section 4
of this bill defines a victim of any of those crimes as a victim of human
trafficking.

Section 5 of this bill creates the Contingency
Account for Victims of Human Trafficking in the State General Fund to be
administered by the Director of the Department of Health and Human Services. Section
5 also requires that funds in the Contingency Account be expended only for
establishing or providing programs or services to victims of human trafficking.
Section 5 authorizes the Director to apply for and accept gifts, grants
and donations or any other source of money for deposit into the Contingency
Account. Finally, section 5 provides that money remaining in the
Contingency Account at the end of each fiscal year does not revert to the State
General Fund and is required to be carried over into the next fiscal year.

Section 6 of this bill authorizes a nonprofit
organization or an agency or political subdivision of this State to apply for
an allocation of money from the Contingency Account. Section 6 requires
the Grants Management Advisory Committee within the Department of Health and
Human Services to review such applications and make recommendations to the
Director of the Department concerning allocations of money from the Contingency
Account to applicants. Section 6 authorizes the Director to make
allocations of money from the Contingency Account and place such conditions on
the acceptance of an allocation as the Director determines are necessary,
including, without limitation, requiring the submission of periodic reports
concerning the use of an allocation by the recipient. Section 6 also
requires that the recipient of an allocation of money from the Contingency
Account use the money to establish or provide programs or services to victims
of human trafficking.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
217 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 6, inclusive, of this act.

Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 3 and 4
of this act have the meanings ascribed to them in those sections.

Sec. 3. Contingency Account means the Contingency Account for
Victims of Human Trafficking created by section 5 of this act.

Sec. 4. Victim of human trafficking means a person who is a victim
of:

1. Involuntary
servitude as set forth in NRS 200.463 or 200.464.

2. A
violation of any provision of NRS 200.465.

3. Trafficking
in persons in violation of any provision of NRS 200.467 or 200.468.

4. Pandering
in violation of any provision of NRS 201.300, 201.310, 201.330 or 201.340.

5. A
violation of NRS 201.320.

Sec. 5. 1. The Contingency Account for Victims of Human
Trafficking is hereby created in the State General Fund.

2. The
Director of the Department of Health and Human
Services shall
administer the Contingency Account. The money in the Contingency Account must
be expended only for the purpose of establishing or providing programs or
services to victims of human trafficking and is
hereby authorized for expenditure as a continuing appropriation for this
purpose.

3. The
Director may apply for and accept gifts, grants and donations or other sources
of money for deposit in the Contingency Account.

4. The
interest and income earned on the money in the Contingency Account, after
deducting any applicable charges, must be credited to the Contingency Account.

5. Any
money remaining in the Contingency Account at the end of a fiscal year does not
revert to the State General Fund, and the balance in the Contingency Account
must be carried forwardto the next fiscal year.

Sec. 6. 1. A nonprofit organization or any agency or
political subdivision of this State may apply to the Director of the Department
of Health and Human Services for an allocation of money from the Contingency
Account.

2. The
Grants Management Advisory Committee created by NRS 232.383 shall review
applications received by the Director pursuant to subsection 1 and make
recommendations to the Director concerning allocations of money from the
Contingency Account to applicants.

3. The
Director may make allocations of money from the Contingency Account to
applicants and may place such conditions on the acceptance of such an
allocation as the Director determines are necessary, including, without
limitation, requiring the recipient of an allocation to submit periodic reports
concerning the recipients use of the allocation.

AN ACT relating to
education; requiring the principal of a public school or a designee of the
principal to provide certain pupils with a written statement verifying that the
pupil has complied with certain attendance requirements; authorizing a school
police officer or certain other persons to impose administrative sanctions
against a pupil who is a habitual truant; revising the actions the principal of
a school and an advisory board to review school attendance may implement for a
pupil who is declared a habitual truant; and providing other matters properly
relating thereto.

Legislative Counsels Digest:

Existing law provides that a child who has been declared
truant three or more times within one school year must be declared a habitual
truant. (NRS 392.140) Existing law also authorizes the principal of a school
to: (1) report a pupil who is declared a habitual truant to a school police
officer or to the local law enforcement agency for investigation and issuance
of a citation; or (2) refer a pupil who is declared a habitual truant to the
advisory board to review school attendance. (NRS 392.144) Existing law further
prescribes the duties of an advisory board to review school attendance upon
receipt of a written referral from the principal of a school and sets forth the
actions the advisory board may take against the pupil who is the subject of the
written referral. (NRS 392.147) Sections 7 and 8 of this bill revise the
actions which the principal of the school and the advisory board to review
school attendance may take to include a referral of the pupil for the
imposition of administrative sanctions pursuant to section 5 of this
bill. Section 5 authorizes the school police officer or, if a public
school does not have a school police officer, the person designated by the
principal of the school to impose administrative sanctions against a pupil who
is a habitual truant, which include the delaying of the ability of a pupil to
receive a drivers license and the suspension of the pupils drivers license. Section
5 also sets forth certain duties of the Department of Motor Vehicles. Section
5 further authorizes the parent or legal guardian of a pupil against whom
administrative sanctions have been imposed to appeal the imposition of those
administrative sanctions to the designee of the board of trustees of the school
district.

Existing law prescribes the requirements for the issuance
of a drivers license to a person who is 16 or 17 years of age and the
requirements for the issuance of a restricted drivers license to a person who
is between the ages of 14 and 18 years. (NRS 483.2521, 483.267, 483.270) Sections
11-13 of this bill revise the requirements for the issuance of those
drivers licenses to require the applicant to submit to the Department of Motor
Vehicles written verification that the person: (1) complies with the minimum
attendance requirements in public school; (2) is exempt from compulsory public
school attendance; (3) has received a high school diploma or certificate of
attendance; or (4) has passed the test of general educational development.

EXPLANATION  Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
385.3469 is hereby amended to read as follows:

385.3469 1. The State Board
shall prepare an annual report of accountability that includes, without
limitation:

(a) Information on the achievement of all pupils
based upon the results of the examinations administered pursuant to NRS 389.015
and 389.550, reported for each school district, including, without limitation,
each charter school in the district, and for this State as a whole.

(b) Except as otherwise provided in subsection 2,
pupil achievement, reported separately by gender and reported separately for
the following groups of pupils:

(1) Pupils who are economically
disadvantaged, as defined by the State Board;

(2) Pupils from major racial and ethnic
groups, as defined by the State Board;

(3) Pupils with disabilities;

(4) Pupils who are limited English
proficient; and

(5) Pupils who are migratory children, as
defined by the State Board.

(c) A comparison of the achievement of pupils in
each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the
annual measurable objectives of the State Board.

(d) The percentage of all pupils who were not
tested, reported for each school district, including, without limitation, each
charter school in the district, and for this State as a whole.

(e) Except as otherwise provided in subsection 2,
the percentage of pupils who were not tested, reported separately by gender and
reported separately for the groups identified in paragraph (b).

(f) The most recent 3-year trend in the
achievement of pupils in each subject area tested and each grade level tested
pursuant to NRS 389.015 and 389.550, reported for each school district,
including, without limitation, each charter school in the district, and for
this State as a whole, which may include information regarding the trend in the
achievement of pupils for more than 3 years, if such information is available.

(g) Information on whether each school district
has made adequate yearly progress, including, without limitation, the name of
each school district, if any, designated as demonstrating need for improvement
pursuant to NRS 385.377 and the number of consecutive years that the school
district has carried that designation.

(h) Information on whether each public school,
including, without limitation, each charter school, has made:

(1) Adequate yearly progress, including,
without limitation, the name of each public school, if any, designated as
demonstrating need for improvement pursuant to NRS 385.3623 and the number of
consecutive years that the school has carried that designation.

(2) Progress based upon the model adopted
by the Department pursuant to NRS 385.3595, if applicable for the grade level
of pupils enrolled at the school.

(i) Information on the results of pupils who
participated in the examinations of the National Assessment of Educational
Progress required pursuant to NRS 389.012.

(j) The ratio of pupils to teachers in
kindergarten and at each grade level for all elementary schools, reported for
each school district, including, without limitation, each charter school in the
district, and for this State as a whole, and the average class size for each
core academic subject, as set forth in NRS 389.018, for each secondary school,
reported for each school district and for this State as a whole.

(k) The total number of persons employed by each
school district in this State, including without limitation, each charter
school in the district. Each such person must be reported as either an
administrator, a teacher or other staff and must not be reported in more than
one category. In addition to the total number of persons employed by each
school district in each category, the report must include the number of
employees in each of the three categories expressed as a percentage of the
total number of persons employed by the school district. As used in this
paragraph:

(1) Administrator means a person who
spends at least 50 percent of his or her work year supervising other staff or
licensed personnel, or both, and who is not classified by the board of trustees
of a school district as a professional-technical employee.

(2) Other staff means all persons who
are not reported as administrators or teachers, including, without limitation:

(I) School counselors, school nurses
and other employees who spend at least 50 percent of their work year providing
emotional support, noninstructional guidance or medical support to pupils;

(II) Noninstructional support staff,
including, without limitation, janitors, school police officers and maintenance
staff; and

(III) Persons classified by the
board of trustees of a school district as professional-technical employees,
including, without limitation, technical employees and employees on the
professional-technical pay scale.

(3) Teacher means a person licensed
pursuant to chapter 391 of NRS who is classified by the board of trustees of a
school district:

(I) As a teacher and who spends at
least 50 percent of his or her work year providing instruction or discipline to
pupils; or

(II) As instructional support staff,
who does not hold a supervisory position and who spends not more than 50
percent of his or her work year providing instruction to pupils. Such
instructional support staff includes, without limitation, librarians and
persons who provide instructional support.

(l) For each school district, including, without
limitation, each charter school in the district, and for this State as a whole,
information on the professional qualifications of
teachers employed by the school districts and charter schools, including,
without limitation:

professional qualifications of teachers employed by the
school districts and charter schools, including, without limitation:

(1) The percentage of teachers who are:

(I) Providing instruction pursuant
to NRS 391.125;

(II) Providing instruction pursuant
to a waiver of the requirements for licensure for the grade level or subject
area in which the teachers are employed; or

(III) Otherwise providing
instruction without an endorsement for the subject area in which the teachers
are employed;

(2) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, in this State that are not
taught by highly qualified teachers;

(3) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, in this State that are not
taught by highly qualified teachers, in the aggregate and disaggregated by
high-poverty compared to low-poverty schools, which for the purposes of this
subparagraph means schools in the top quartile of poverty and the bottom
quartile of poverty in this State;

(4) For each middle school, junior high
school and high school:

(I) The number of persons employed
as substitute teachers for 20 consecutive days or more in the same classroom or
assignment, designated as long-term substitute teachers, including the total
number of days long-term substitute teachers were employed at each school,
identified by grade level and subject area; and

(II) The number of persons employed
as substitute teachers for less than 20 consecutive days, designated as
short-term substitute teachers, including the total number of days short-term
substitute teachers were employed at each school, identified by grade level and
subject area; and

(5) For each elementary school:

(I) The number of persons employed
as substitute teachers for 20 consecutive days or more in the same classroom or
assignment, designated as long-term substitute teachers, including the total
number of days long-term substitute teachers were employed at each school,
identified by grade level; and

(II) The number of persons employed
as substitute teachers for less than 20 consecutive days, designated as
short-term substitute teachers, including the total number of days short-term
substitute teachers were employed at each school, identified by grade level.

(m) The total expenditure per pupil for each
school district in this State, including, without limitation, each charter
school in the district. If this State has a financial analysis program that is
designed to track educational expenditures and revenues to individual schools,
the State Board shall use that statewide program in complying with this
paragraph. If a statewide program is not available, the State Board shall use
the Departments own financial analysis program in complying with this
paragraph.

(n) The total statewide expenditure per pupil. If
this State has a financial analysis program that is designed to track
educational expenditures and revenues to individual schools, the State Board
shall use that statewide program in complying with this paragraph. If a
statewide program is not available, the State Board shall use the Departments
own financial analysis program in complying with this paragraph.

(o) For all elementary schools, junior high
schools and middle schools, the rate of attendance, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole.

(p) The annual rate of pupils who drop out of
school in grade 8 and a separate reporting of the annual rate of pupils who
drop out of school in grades 9 to 12, inclusive, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole. The reporting for pupils in grades 9 to 12,
inclusive, excludes pupils who:

(1) Provide proof to the school district
of successful completion of the examinations of general educational
development.

(2) Are enrolled in courses that are
approved by the Department as meeting the requirements for an adult standard
diploma.

(3) Withdraw from school to attend another
school.

(q) The attendance of teachers who provide
instruction, reported for each school district, including, without limitation,
each charter school in the district, and for this State as a whole.

(r) Incidents involving weapons or violence,
reported for each school district, including, without limitation, each charter
school in the district, and for this State as a whole.

(s) Incidents involving the use or possession of
alcoholic beverages or controlled substances, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole.

(t) The suspension and expulsion of pupils
required or authorized pursuant to NRS 392.466 and 392.467, reported for each
school district, including, without limitation, each charter school in the
district, and for this State as a whole.

(u) The number of pupils who are deemed habitual
disciplinary problems pursuant to NRS 392.4655, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole.

(v) The number of pupils in each grade who are
retained in the same grade pursuant to NRS 392.033 or 392.125, reported for
each school district, including, without limitation, each charter school in the
district, and for this State as a whole.

(w) The transiency rate of pupils, reported for
each school district, including, without limitation, each charter school in the
district, and for this State as a whole. For the purposes of this paragraph, a
pupil is not a transient if the pupil is transferred to a different school
within the school district as a result of a change in the zone of attendance by
the board of trustees of the school district pursuant to NRS 388.040.

(x) Each source of funding for this State to be
used for the system of public education.

(y) A compilation of the programs of remedial
study purchased in whole or in part with money received from this State that
are used in each school district, including, without limitation, each charter
school in the district. The compilation must include:

(1) The amount and sources of money
received for programs of remedial study.

(2) An identification of each program of
remedial study, listed by subject area.

(z) The percentage of pupils who graduated from a
high school or charter school in the immediately preceding year and enrolled in
remedial courses in reading, writing or mathematics at a
university, state college or community college within the Nevada System of Higher
Education, reported for each school district, including, without limitation,
each charter school in the district, and for this State as a whole.

reading, writing or mathematics at a university, state
college or community college within the Nevada System of Higher Education,
reported for each school district, including, without limitation, each charter
school in the district, and for this State as a whole.

(aa) The technological facilities and equipment
available for educational purposes, reported for each school district,
including, without limitation, each charter school in the district, and for
this State as a whole.

(bb) For each school district, including, without
limitation, each charter school in the district, and for this State as a whole,
the number and percentage of pupils who received:

(1) A standard high school diploma,
reported separately for pupils who received the diploma pursuant to:

(I) Paragraph (a) of subsection 1 of
NRS 389.805; and

(II) Paragraph (b) of subsection 1
of NRS 389.805.

(2) An adult diploma.

(3) An adjusted diploma.

(4) A certificate of attendance.

(cc) For each school district, including, without
limitation, each charter school in the district, and for this State as a whole,
the number and percentage of pupils who failed to pass the high school
proficiency examination.

(dd) The number of habitual truants reported for each school district,
including, without limitation, each charter school in the district, and for
this State as a whole, including, without limitation, the number who
are [reported]:

(1) Reported
to a school police officer or local law enforcement agency
pursuant to paragraph (a) of subsection 2 of NRS 392.144 [and the number of
habitual truants who are referred];

(2) Referred
to an advisory board to review school attendance pursuant to
paragraph (b) of subsection 2 of NRS 392.144[, reported for each
school district, including, without limitation, each charter school in the
district, and for this State as a whole.] ; and

(3) Referred
for the imposition of administrative sanctions pursuant to paragraph (c) of
subsection 2 of NRS 392.144.

(ee) Information on the paraprofessionals
employed at public schools in this State, including, without limitation, the
charter schools in this State. The information must include:

(1) The number of paraprofessionals
employed, reported for each school district, including, without limitation,
each charter school in the district, and for this State as a whole; and

(2) For each school district, including,
without limitation, each charter school in the district, and for this State as
a whole, the number and percentage of all paraprofessionals who do not satisfy
the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements
of this subparagraph apply to paraprofessionals who are employed in programs
supported with Title I money and to paraprofessionals who are not employed in
programs supported with Title I money.

(ff) An identification of appropriations made by
the Legislature to improve the academic achievement of pupils and programs
approved by the Legislature to improve the academic achievement of pupils.

(gg) A compilation of the special programs
available for pupils at individual schools, listed by school and by school
district, including, without limitation, each charter school in the district.

(hh) For each school district, including, without
limitation, each charter school in the district and for this State as a whole,
information on pupils enrolled in career and technical education, including,
without limitation:

(1) The number of pupils enrolled in a
course of career and technical education;

(2) The number of pupils who completed a
course of career and technical education;

(3) The average daily attendance of pupils
who are enrolled in a program of career and technical education;

(4) The annual rate of pupils who dropped
out of school and were enrolled in a program of career and technical education
before dropping out;

(5) The number and percentage of pupils
who completed a program of career and technical education and who received a
standard high school diploma, an adjusted diploma or a certificate of
attendance; and

(6) The number and percentage of pupils
who completed a program of career and technical education and who did not
receive a high school diploma because the pupils failed to pass the high school
proficiency examination.

(ii) The number of incidents resulting in
suspension or expulsion for bullying, cyber-bullying, harassment or
intimidation, reported for each school district, including, without limitation,
each charter school in the district, and for the State as a whole.

2. A separate reporting for a group of
pupils must not be made pursuant to this section if the number of pupils in
that group is insufficient to yield statistically reliable information or the
results would reveal personally identifiable information about an individual
pupil. The State Board shall prescribe a mechanism for determining the minimum
number of pupils that must be in a group for that group to yield statistically
reliable information.

5. Upon the request of the Governor, an
entity described in paragraph (b) of subsection 4 or a member of the general
public, the State Board shall provide a portion or portions of the annual
report of accountability.

6. As used in this section:

(a) Bullying has the meaning ascribed to it in
NRS 388.122.

(b) Cyber-bullying has the meaning ascribed to
it in NRS 388.123.

(c) Harassment has the meaning ascribed to it
in NRS 388.125.

(d) Highly qualified has the meaning ascribed to
it in 20 U.S.C. § 7801(23).

(e) Intimidation has the meaning ascribed to it
in NRS 388.129.

(f) Paraprofessional has the meaning ascribed
to it in NRS 391.008.

Sec. 2. NRS
385.347 is hereby amended to read as follows:

385.347 1. The board of trustees
of each school district in this State, in cooperation with associations
recognized by the State Board as representing licensed educational personnel in
the district, shall adopt a program providing for the accountability of the
school district to the residents of the district and to the State Board for the
quality of the schools and the educational achievement of the pupils in the
district, including, without limitation, pupils enrolled in charter schools
sponsored by the school district. The board of trustees of each school district
shall report the information required by subsection 2 for each charter school
sponsored by the school district. The information for charter schools must be
reported separately.

2. The board of trustees of each school district
shall, on or before September 30 of each year, prepare an annual report of
accountability concerning:

(a) The educational goals and objectives of the
school district.

(b) Pupil achievement for each school in the
district and the district as a whole, including, without limitation, each
charter school sponsored by the district. The board of trustees of the district
shall base its report on the results of the examinations administered pursuant
to NRS 389.015 and 389.550 and shall compare the results of those examinations
for the current school year with those of previous school years. The report
must include, for each school in the district, including, without limitation,
each charter school sponsored by the district, and each grade in which the examinations
were administered:

(1) The number of pupils who took the
examinations.

(2) A record of attendance for the period
in which the examinations were administered, including an explanation of any
difference in the number of pupils who took the examinations and the number of
pupils who are enrolled in the school.

(3) Except as otherwise provided in this
paragraph, pupil achievement, reported separately by gender and reported
separately for the following groups of pupils:

(I) Pupils who are economically
disadvantaged, as defined by the State Board;

(II) Pupils from major racial and
ethnic groups, as defined by the State Board;

(4) A comparison of the achievement of
pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361
with the annual measurable objectives of the State Board.

(5) The percentage of pupils who were not
tested.

(6) Except as otherwise provided in this
paragraph, the percentage of pupils who were not tested, reported separately by
gender and reported separately for the groups identified in subparagraph (3).

(7) The most recent 3-year trend in pupil
achievement in each subject area tested and each grade level tested pursuant to
NRS 389.015 and 389.550, which may include information regarding the trend in
the achievement of pupils for more than 3 years, if such information is
available.

(8) Information that compares the results
of pupils in the school district, including, without limitation, pupils enrolled
in charter schools sponsored by the district, with the results of pupils
throughout this State. The information required by this subparagraph must be
provided in consultation with the Department to ensure the accuracy of the
comparison.

(9) For each school in the district,
including, without limitation, each charter school sponsored by the district,
information that compares the results of pupils in the school with the results
of pupils throughout the school district and throughout this State. The information
required by this subparagraph must be provided in consultation with the
Department to ensure the accuracy of the comparison.

(10) Information on whether each school in
the district, including, without limitation, each charter school sponsored by
the district, has made progress based upon the model adopted by the Department
pursuant to NRS 385.3595.

Κ A separate
reporting for a group of pupils must not be made pursuant to this paragraph if
the number of pupils in that group is insufficient to yield statistically
reliable information or the results would reveal personally identifiable
information about an individual pupil. The State Board shall prescribe the
mechanism for determining the minimum number of pupils that must be in a group
for that group to yield statistically reliable information.

(c) The ratio of pupils to teachers in
kindergarten and at each grade level for each elementary school in the district
and the district as a whole, including, without limitation, each charter school
sponsored by the district, and the average class size for each core academic
subject, as set forth in NRS 389.018, for each secondary school in the district
and the district as a whole, including, without limitation, each charter school
sponsored by the district.

(d) The total number of persons employed for each
elementary school, middle school or junior high school, and high school in the
district, including, without limitation, each charter school sponsored by the
district. Each such person must be reported as either an administrator, a
teacher or other staff and must not be reported in more than one category. In
addition to the total number of persons employed by each school in each
category, the report must include the number of employees in each of the three
categories for each school expressed as a percentage of the total number of
persons employed by the school. As used in this paragraph:

(1) Administrator means a person who
spends at least 50 percent of his or her work year supervising other staff or
licensed personnel, or both, and who is not classified by the board of trustees
of the school district as a professional-technical employee.

(2) Other staff means all persons who
are not reported as administrators or teachers, including, without limitation:

(I) School counselors, school nurses
and other employees who spend at least 50 percent of their work year providing
emotional support, noninstructional guidance or medical support to pupils;

(II) Noninstructional support staff,
including, without limitation, janitors, school police officers and maintenance
staff; and

(III) Persons classified by the
board of trustees of the school district as professional-technical employees,
including, without limitation, technical employees and employees on the
professional-technical pay scale.

(3) Teacher means a person licensed
pursuant to chapter 391 of NRS who is classified by the board of trustees of
the school district:

(I) As a teacher and who spends at
least 50 percent of his or her work year providing instruction or discipline to
pupils; or

(II) As instructional support staff,
who does not hold a supervisory position and who spends not more than 50
percent of his or her work year providing instruction to pupils. Such
instructional support staff includes, without limitation, librarians and
persons who provide instructional support.

(e) The total number of persons employed by the
school district, including without limitation, each charter school sponsored by
the district. Each such person must be reported as either an administrator, a
teacher or other staff and must not be reported in more than one category. In
addition to the total number of persons employed by the school district in each
category, the report must include the number of employees in each of the three
categories expressed as a percentage of the total number of persons employed by
the school district. As used in this paragraph, administrator, other staff
and teacher have the meanings ascribed to them in paragraph (d).

(f) Information on the professional
qualifications of teachers employed by each school in the district and the
district as a whole, including, without limitation, each charter school
sponsored by the district. The information must include, without limitation:

(1) The percentage of teachers who are:

(I) Providing instruction pursuant
to NRS 391.125;

(II) Providing instruction pursuant
to a waiver of the requirements for licensure for the grade level or subject
area in which the teachers are employed; or

(III) Otherwise providing
instruction without an endorsement for the subject area in which the teachers
are employed;

(2) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, that are not taught by highly
qualified teachers;

(3) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, that are not taught by highly
qualified teachers, in the aggregate and disaggregated by high-poverty compared
to low-poverty schools, which for the purposes of this subparagraph means
schools in the top quartile of poverty and the bottom quartile of poverty in
this State;

(4) For each middle school, junior high
school and high school:

(I) The number of persons employed
as substitute teachers for 20 consecutive days or more in the same classroom or
assignment, designated as long-term substitute teachers,
including the total number of days long-term substitute teachers were employed
at each school, identified by grade level and subject area; and

long-term substitute teachers, including the total number of
days long-term substitute teachers were employed at each school, identified by
grade level and subject area; and

(II) The number of persons employed
as substitute teachers for less than 20 consecutive days, designated as
short-term substitute teachers, including the total number of days short-term
substitute teachers were employed at each school, identified by grade level and
subject area; and

(5) For each elementary school:

(I) The number of persons employed
as substitute teachers for 20 consecutive days or more in the same classroom or
assignment, designated as long-term substitute teachers, including the total
number of days long-term substitute teachers were employed at each school,
identified by grade level; and

(II) The number of persons employed
as substitute teachers for less than 20 consecutive days, designated as
short-term substitute teachers, including the total number of days short-term
substitute teachers were employed at each school, identified by grade level.

(g) The total expenditure per pupil for each
school in the district and the district as a whole, including, without
limitation, each charter school sponsored by the district. If this State has a
financial analysis program that is designed to track educational expenditures
and revenues to individual schools, each school district shall use that
statewide program in complying with this paragraph. If a statewide program is
not available, each school district shall use its own financial analysis
program in complying with this paragraph.

(h) The curriculum used by the school district,
including:

(1) Any special programs for pupils at an
individual school; and

(2) The curriculum used by each charter
school sponsored by the district.

(i) Records of the attendance and truancy of
pupils in all grades, including, without limitation:

(1) The average daily attendance of
pupils, for each school in the district and the district as a whole, including,
without limitation, each charter school sponsored by the district.

(2) For each elementary school, middle
school and junior high school in the district, including, without limitation,
each charter school sponsored by the district that provides instruction to
pupils enrolled in a grade level other than high school, information that
compares the attendance of the pupils enrolled in the school with the
attendance of pupils throughout the district and throughout this State. The
information required by this subparagraph must be provided in consultation with
the Department to ensure the accuracy of the comparison.

(j) The annual rate of pupils who drop out of
school in grade 8 and a separate reporting of the annual rate of pupils who
drop out of school in grades 9 to 12, inclusive, for each such grade, for each
school in the district and for the district as a whole. The reporting for
pupils in grades 9 to 12, inclusive, excludes pupils who:

(1) Provide proof to the school district
of successful completion of the examinations of general educational
development.

(2) Are enrolled in courses that are approved
by the Department as meeting the requirements for an adult standard diploma.

(k) Records of attendance of teachers who provide
instruction, for each school in the district and the district as a whole,
including, without limitation, each charter school sponsored by the district.

(l) Efforts made by the school district and by
each school in the district, including, without limitation, each charter school
sponsored by the district, to increase:

(1) Communication with the parents of
pupils enrolled in the district;

(2) The participation of parents in the
educational process and activities relating to the school district and each
school, including, without limitation, the existence of parent organizations
and school advisory committees; and

(3) The involvement of parents and the
engagement of families of pupils enrolled in the district in the education of
their children.

(m) Records of incidents involving weapons or
violence for each school in the district, including, without limitation, each
charter school sponsored by the district.

(n) Records of incidents involving the use or
possession of alcoholic beverages or controlled substances for each school in
the district, including, without limitation, each charter school sponsored by
the district.

(o) Records of the suspension and expulsion of
pupils required or authorized pursuant to NRS 392.466 and 392.467.

(p) The number of pupils who are deemed habitual
disciplinary problems pursuant to NRS 392.4655, for each school in the district
and the district as a whole, including, without limitation, each charter school
sponsored by the district.

(q) The number of pupils in each grade who are
retained in the same grade pursuant to NRS 392.033 or 392.125, for each school
in the district and the district as a whole, including, without limitation,
each charter school sponsored by the district.

(r) The transiency rate of pupils for each school
in the district and the district as a whole, including, without limitation,
each charter school sponsored by the district. For the purposes of this
paragraph, a pupil is not transient if the pupil is transferred to a different
school within the school district as a result of a change in the zone of
attendance by the board of trustees of the school district pursuant to NRS
388.040.

(s) Each source of funding for the school
district.

(t) A compilation of the programs of remedial
study that are purchased in whole or in part with money received from this
State, for each school in the district and the district as a whole, including,
without limitation, each charter school sponsored by the district. The
compilation must include:

(1) The amount and sources of money
received for programs of remedial study for each school in the district and the
district as a whole, including, without limitation, each charter school
sponsored by the district.

(2) An identification of each program of
remedial study, listed by subject area.

(u) For each high school in the district,
including, without limitation, each charter school sponsored by the district,
the percentage of pupils who graduated from that high school or charter school
in the immediately preceding year and enrolled in remedial courses in reading,
writing or mathematics at a university, state college or community college
within the Nevada System of Higher Education.

(v) The technological facilities and equipment
available at each school, including, without limitation, each charter school
sponsored by the district, and the districts plan to incorporate educational
technology at each school.

(w) For each school in the district and the
district as a whole, including, without limitation, each charter school
sponsored by the district, the number and percentage of pupils who received:

(1) A standard high school diploma,
reported separately for pupils who received the diploma pursuant to:

(I) Paragraph (a) of subsection 1 of
NRS 389.805; and

(II) Paragraph (b) of subsection 1
of NRS 389.805.

(2) An adult diploma.

(3) An adjusted diploma.

(4) A certificate of attendance.

(x) For each school in the district and the
district as a whole, including, without limitation, each charter school
sponsored by the district, the number and percentage of pupils who failed to
pass the high school proficiency examination.

(y) The number of habitual truants reported for each school in the
district, and for the district as a whole, including, without limitation, the
number who are [reported]:

(1) Reported
to a school police officer or law enforcement agency pursuant to
paragraph (a) of subsection 2 of NRS 392.144 [and the number of
habitual truants who are referred];

(2) Referred
to an advisory board to review school attendance pursuant to
paragraph (b) of subsection 2 of NRS 392.144[, for each school in the
district and for the district as a whole.] ; and

(3) Referred
for the imposition of administrative sanctions pursuant to paragraph (c) of
subsection 2 of NRS 392.144.

(z) The amount and sources of money received for
the training and professional development of teachers and other educational
personnel for each school in the district and for the district as a whole,
including, without limitation, each charter school sponsored by the district.

(aa) Whether the school district has made
adequate yearly progress. If the school district has been designated as
demonstrating need for improvement pursuant to NRS 385.377, the report must
include a statement indicating the number of consecutive years the school
district has carried that designation.

(bb) Information on whether each public school in
the district, including, without limitation, each charter school sponsored by
the district, has made adequate yearly progress, including, without limitation:

(1) The number and percentage of schools
in the district, if any, that have been designated as needing improvement
pursuant to NRS 385.3623; and

(2) The name of each school, if any, in
the district that has been designated as needing improvement pursuant to NRS
385.3623 and the number of consecutive years that the school has carried that
designation.

(cc) Information on the paraprofessionals
employed by each public school in the district, including, without limitation,
each charter school sponsored by the district. The information must include:

(1) The number of paraprofessionals
employed at the school; and

(2) The number and percentage of all
paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C.
§ 6319(c). The reporting requirements of this
subparagraph apply to paraprofessionals who are employed in positions supported
with Title I money and to paraprofessionals who are not employed in positions
supported with Title I money.

requirements of this subparagraph apply to paraprofessionals
who are employed in positions supported with Title I money and to
paraprofessionals who are not employed in positions supported with Title I
money.

(dd) For each high school in the district,
including, without limitation, each charter school sponsored by the district
that operates as a high school, information that provides a comparison of the
rate of graduation of pupils enrolled in the high school with the rate of
graduation of pupils throughout the district and throughout this State. The
information required by this paragraph must be provided in consultation with
the Department to ensure the accuracy of the comparison.

(ee) An identification of the appropriations made
by the Legislature that are available to the school district or the schools
within the district and programs approved by the Legislature to improve the
academic achievement of pupils.

(ff) For each school in the district and the
district as a whole, including, without limitation, each charter school
sponsored by the district, information on pupils enrolled in career and
technical education, including, without limitation:

(1) The number of pupils enrolled in a
course of career and technical education;

(2) The number of pupils who completed a
course of career and technical education;

(3) The average daily attendance of pupils
who are enrolled in a program of career and technical education;

(4) The annual rate of pupils who dropped
out of school and were enrolled in a program of career and technical education
before dropping out;

(5) The number and percentage of pupils
who completed a program of career and technical education and who received a
standard high school diploma, an adjusted diploma or a certificate of
attendance; and

(6) The number and percentage of pupils
who completed a program of career and technical education and who did not
receive a high school diploma because the pupils failed to pass the high school
proficiency examination.

(gg) The number of incidents resulting in
suspension or expulsion for bullying, cyber-bullying, harassment or
intimidation, for each school in the district and the district as a whole,
including, without limitation, each charter school sponsored by the district.

(hh) Such other information as is directed by the
Superintendent of Public Instruction.

3. The State Public Charter School
Authority and each college or university within the Nevada System of Higher
Education that sponsors a charter school shall, on or before September 30 of
each year, prepare an annual report of accountability of the charter schools
sponsored by the State Public Charter School Authority or institution, as
applicable, concerning the accountability information prescribed by the
Department pursuant to this section. The Department, in consultation with the
State Public Charter School Authority and each college or university within the
Nevada System of Higher Education that sponsors a charter school, shall
prescribe by regulation the information that must be prepared by the State
Public Charter School Authority and institution, as applicable, which must
include, without limitation, the information contained in paragraphs (a) to
(hh), inclusive, of subsection 2, as applicable to charter schools. The
Department shall provide for public dissemination of the
annual report of accountability prepared pursuant to this section in the manner
set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the
Internet website maintained by the Department.

for public dissemination of the annual report of accountability
prepared pursuant to this section in the manner set forth in 20 U.S.C. §
6311(h)(2)(E) by posting a copy of the report on the Internet website
maintained by the Department.

4. The records of attendance maintained by
a school for purposes of paragraph (k) of subsection 2 or maintained by a
charter school for purposes of the reporting required pursuant to subsection 3
must include the number of teachers who are in attendance at school and the
number of teachers who are absent from school. A teacher shall be deemed in
attendance if the teacher is excused from being present in the classroom by the
school in which the teacher is employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating
to the professional development of the teacher; or

(b) Assignment of the teacher to perform duties
for cocurricular or extracurricular activities of pupils.

5. The annual report of accountability
prepared pursuant to subsection 2 or 3, as applicable, must:

(b) Be presented in an understandable and uniform
format and, to the extent practicable, provided in a language that parents can
understand.

6. The Superintendent of Public
Instruction shall:

(a) Prescribe forms for the reports required
pursuant to subsections 2 and 3 and provide the forms to the respective school
districts, the State Public Charter School Authority and each college or
university within the Nevada System of Higher Education that sponsors a charter
school.

(b) Provide statistical information and technical
assistance to the school districts, the State Public Charter School Authority
and each college or university within the Nevada System of Higher Education
that sponsors a charter school to ensure that the reports provide comparable
information with respect to each school in each district, each charter school
and among the districts and charter schools throughout this State.

(c) Consult with a representative of the:

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School
Administrators;

(4) Nevada Parent Teacher Association;

(5) Budget Division of the Department of
Administration;

(6) Legislative Counsel Bureau; and

(7) Charter School Association of Nevada,

Κ concerning
the program and consider any advice or recommendations submitted by the
representatives with respect to the program.

7. The Superintendent of Public
Instruction may consult with representatives of parent groups other than the
Nevada Parent Teacher Association concerning the program and consider any
advice or recommendations submitted by the representatives with respect to the
program.

8. On or before September 30 of each year:

(a) The board of trustees of each school district
shall submit to each advisory board to review school attendance created in the
county pursuant to NRS 392.126 the information required in paragraph (i) of
subsection 2.

(b) The State Public Charter School Authority and
each college or university within the Nevada System of Higher Education that
sponsors a charter school shall submit to each advisory board to review school
attendance created in a county pursuant to NRS 392.126 the information
regarding the records of the attendance and truancy of pupils enrolled in the
charter school located in that county, if any, in accordance with the
regulations prescribed by the Department pursuant to subsection 3.

9. On or before September 30 of each year:

(a) The board of trustees of each school
district, the State Public Charter School Authority and each college or
university within the Nevada System of Higher Education that sponsors a charter
school shall provide written notice that the report required pursuant to
subsection 2 or 3, as applicable, is available on the Internet website
maintained by the school district, State Public Charter School Authority or
institution, if any, or otherwise provide written notice of the availability of
the report. The written notice must be provided to the:

(1) Governor;

(2) State Board;

(3) Department;

(4) Committee; and

(5) Bureau.

(b) The board of trustees of each school
district, the State Public Charter School Authority and each college or
university within the Nevada System of Higher Education that sponsors a charter
school shall provide for public dissemination of the annual report of
accountability prepared pursuant to subsection 2 or 3, as applicable, in the
manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report
on the Internet website maintained by the school district, the State Public
Charter School Authority or the institution, if any. If a school district does
not maintain a website, the district shall otherwise provide for public
dissemination of the annual report by providing a copy of the report to the
schools in the school district, including, without limitation, each charter
school sponsored by the district, the residents of the district, and the
parents and guardians of pupils enrolled in schools in the district, including,
without limitation, each charter school sponsored by the district. If the State
Public Charter School Authority or the institution does not maintain a website,
the State Public Charter School Authority or the institution, as applicable,
shall otherwise provide for public dissemination of the annual report by
providing a copy of the report to each charter school it sponsors and the
parents and guardians of pupils enrolled in each charter school it sponsors.

10. Upon the request of the Governor, an
entity described in paragraph (a) of subsection 9 or a member of the general
public, the board of trustees of a school district, the State Public Charter
School Authority or a college or university within the Nevada System of Higher
Education that sponsors a charter school, as applicable, shall provide a
portion or portions of the report required pursuant to subsection 2 or 3, as
applicable.

11. As used in this section:

(a) Bullying has the meaning ascribed to it in
NRS 388.122.

(b) Cyber-bullying has the meaning ascribed to
it in NRS 388.123.

(c) Harassment has the meaning ascribed to it
in NRS 388.125.

(d) Highly qualified has the meaning ascribed
to it in 20 U.S.C. § 7801(23).

Sec. 3. Chapter
392 of NRS is hereby amended by adding thereto the provisions set forth as
sections 4 and 5 of this act.

Sec. 4. 1. The principal of a public school or a
designee of the principal shall, upon written request by a pupil who is between
the ages of 14 and 18 years and who is enrolled in the school, provide the
pupil a written statement signed by the principal or the designee:

(a) Verifying
that the pupil has complied with the minimum attendance requirements
established by the board of trustees of the school district pursuant to NRS
392.122; or

(b) If
the pupil does not satisfy the requirements of paragraph (a), indicating that
the principal or the designee has determined that a hardship exists and it
would be in the best interests of the pupil or his or her family for the pupil
to be allowed to drive if the pupil otherwise satisfies the requirements of NRS
483.2521, 483.267 or 483.270, as applicable.

2. The
principal of a public school or a designee of the principal shall not provide a
written statement pursuant to subsection 1 unless the pupil satisfies the
requirements of paragraph (a) of subsection 1 or the principal determines a
hardship exists pursuant to paragraph (b) of subsection 1.

3. The
written statement provided to the pupil pursuant to subsection 1 may be used
for the purposes of submitting materials that must accompany an application for
a drivers license pursuant to NRS 483.2521 or an application for a restricted
license pursuant to NRS 483.267 and 483.270.

4. The
board of trustees of each school district shall prescribe a standard form for
use by the principals employed by the school district and their designees
pursuant to this section.

Sec. 5. 1. Upon receipt of a report pursuant to NRS
392.144 or 392.147, a school police officer or a person designated pursuant to
subsection 6 shall conduct an investigation, set a date for a hearing and
provide a written notice of the hearing to the parent or legal guardian of the
pupil. If it appears after investigation and a hearing that a pupil is a
habitual truant, a school police officer or a person designated pursuant to
subsection 6 may issue an order imposing the following administrative sanctions
against a pupil:

(a) If it
is the first time that administrative sanctions have been issued pursuant to
this section because the pupil is a habitual truant, and the pupil is 14 years
of age or older, order the suspension of the drivers license of the pupil for
at least 30 days but not more than 6 months. If the pupil does not possess a
drivers license, the order must provide that the pupil is prohibited from
applying for a drivers license for 30 days:

(1) Immediately
following the date of the order if the pupil is eligible to apply for a
drivers license; or

(2) After
the date the pupil becomes eligible to apply for a drivers license if the
pupil is not eligible to apply for a drivers license.

(b) If it
is the second time or any subsequent time that administrative sanctions have
been issued pursuant to this section because the pupil is a habitual truant,
and the pupil is 14 years of age or older, order the suspension of the drivers
license of the pupil for at least 60 days but not more than 1 year. If the
pupil does not possess a drivers license, the order must provide that the pupil is prohibited from applying for a
drivers license for 60 days immediately following:

must provide that the
pupil is prohibited from applying for a drivers license for 60 days
immediately following:

(1) The
date of the order if the pupil is eligible to apply for a drivers license; or

(2) The
date the pupil becomes eligible to apply for a drivers license if the pupil is
not eligible to apply for a drivers license.

2. If
a pupil applies for a drivers license, the Department of Motor Vehicles shall:

(a) Notify
the pupil of the provisions of this section that authorize the suspension of
the drivers license of the pupil; and

(b) Require
the pupil to sign an affidavit acknowledging that the pupil is aware that his
or her drivers license may be suspended pursuant to this section.

3. If
an order is issued pursuant to this section delaying the ability of the pupil
to receive a drivers license, a copy of the order must be forwarded to the
Department of Motor Vehicles not later than 5 days after the order is issued.

4. If
an order is issued pursuant to this section suspending the drivers license of
a pupil:

(a) The
pupil shall surrender his or her drivers license to the school police officer
or the person designated pursuant to subsection 6.

(b) Not
later than 5 days after issuing the order, the school police officer or the
designated person shall forward to the Department of Motor Vehicles a copy of
the order and the drivers license of the pupil.

(c) The
Department of Motor Vehicles:

(1) Shall
report the suspension of the drivers license of the pupil to an insurance
company or its agent inquiring about the pupils driving record, but such a
suspension must not be considered for the purpose of rating or underwriting.

(2) Shall
not treat the suspension in the manner statutorily required for moving traffic
violations.

(3) Shall
not require the pupil to submit to the tests and other requirements which are
adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of
reinstatement or reissuance after the suspension of a drivers license.

5. The
parent or legal guardian of a pupil may request a hearing before a person
designated by the board of trustees of the school district in which the pupil
is enrolled to appeal the imposition of any administrative sanctions pursuant to
this section. The person designated by the board of trustees shall, not later
than 30 days after receipt of the request, hold a hearing to review the reason
for the imposition of any administrative sanctions. Not later than 30 days
after the hearing, the person designated by the board of trustees shall issue a
written decision affirming, denying or modifying the decision to impose
administrative sanctions and mail a copy of the decision to the parent or legal
guardian of the pupil.

6. If
a public school does not have a school police officer assigned to it, the
principal of the school may designate a qualified person to carry out the
requirements of this section.

Sec. 6. NRS
392.141 is hereby amended to read as follows:

392.141 The provisions of NRS 392.144,
392.146 and 392.147 and section 5
of this act apply to all pupils who are required to attend school
pursuant to NRS 392.040.

392.144 1. If a pupil has one
or more unapproved absences from school, the school in which the pupil is
enrolled shall take reasonable actions designed, as applicable, to encourage,
enable or convince the pupil to attend school.

2. If a pupil is a habitual truant
pursuant to NRS 392.140, or if a
pupil who is a habitual truant pursuant to NRS 392.140 is again declared truant
pursuant to NRS 392.130 in the same school year after being declared a habitual
truant, the principal of the school shall:

(a) Report the pupil to a school police officer
or to the local law enforcement agency for investigation and issuance of a
citation, if warranted, in accordance with NRS 392.149; [or]

(b) If the parent or legal guardian of a pupil
has signed a written consent pursuant to subsection 4, submit a written
referral of the pupil to the advisory board to review school attendance in the
county in accordance with NRS 392.146[.] ; or

(c) Refer
the pupil for the imposition of administrative sanctions in accordance with
section 5 of this act.

3. The board of trustees of each school
district shall adopt criteria to determine whether the principal of a school
shall [report]:

(a) Report
a pupil to a school police officer or law enforcement agency
pursuant to paragraph (a) of subsection 2 [or refer];

(b) Refer
a pupil to an advisory board to review school attendance pursuant
to paragraph (b) of subsection 2[.] ; or

(c) Refer
a pupil for the imposition of administrative sanctions pursuant to paragraph
(c) of subsection 2.

4. If the principal of a school makes an
initial determination to submit a written referral of a pupil to the advisory
board to review school attendance, the principal shall notify the parent or
legal guardian of the pupil and request the parent or legal guardian to sign a
written consent that authorizes the school and, if applicable, the school
district to release the records of the pupil to the advisory board to the
extent that such release is necessary for the advisory board to carry out its
duties pursuant to NRS 392.146 and 392.147. The written consent must comply
with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99.
If the parent or legal guardian refuses to sign the consent, the principal
shall [report]:

(a) Report
the pupil to a school police officer or to a local law
enforcement agency pursuant to paragraph (a) of subsection 2[.] ; or

(b) Refer
the pupil for the imposition of administrative sanctions pursuant to paragraph
(c) of subsection 2.

Sec. 8. NRS
392.147 is hereby amended to read as follows:

392.147 1. If an advisory
board to review school attendance receives a written referral of a pupil
pursuant to NRS 392.146, the advisory board shall set a date, time and place
for a hearing. The pupil and the pupils parents or legal guardian shall attend
the hearing held by the advisory board. The hearing must be closed to the
public. The chair of an advisory board to review school attendance may request
that subpoenas for a hearing conducted pursuant to this section be issued to:

(a) The parent or legal guardian of a pupil who
has been referred to the advisory board or any other person that the advisory
board considers necessary to the hearing.

2. If a pupil and the pupils parents or
legal guardian do not attend the hearing, the chair of the advisory board shall
[report]:

(a) Report
the pupil to a school police officer or to the appropriate local
law enforcement agency for investigation and issuance of a citation, if warranted
in accordance with NRS 392.149[.] ; or

(b) Refer
the pupil for the imposition of administrative sanctions in accordance with
section 5 of this act.

3. If an advisory board to review school
attendance determines that the status of a pupil as a habitual truant can be
adequately addressed through participation by the pupil in programs and
services available in the community, the advisory board shall order the pupil
to participate in such programs and services. If the pupil does not agree to
participate in such programs and services, the chair of the advisory board
shall report the pupil to a school police officer or to the appropriate local
law enforcement agency for investigation and issuance of a citation, if
warranted in accordance with NRS 392.149[.], or refer the pupil for the imposition
of administrative sanctions in accordance with section 5 of this act. If
the pupil agrees to participate in such programs and services, the advisory
board, the pupil and the parents or legal guardian of the pupil shall enter
into a written agreement that:

(a) Sets forth the findings of the advisory
board;

(b) Sets forth the terms and conditions of the
pupils participation in the programs and services designated by the advisory
board; and

(c) Adequately informs the pupil and the pupils
parents or legal guardian that if the pupil or his or her parents or legal
guardian do not comply with the terms of the written agreement, the chair of
the advisory board is legally obligated to report the pupil to a school police
officer or to the appropriate local law enforcement agency for investigation
and issuance of a citation, if warranted in accordance with NRS 392.149[.] , or refer the pupil for the imposition
of administrative sanctions in accordance with section 5 of this act.

Κ The parents
or legal guardian of the pupil shall, upon the request of the advisory board,
provide proof satisfactory to the advisory board that the pupil is
participating in the programs and services set forth in the written agreement.

4. The chair of an advisory board to
review school attendance shall report a pupil to a school police officer or to
the appropriate local law enforcement agency or refer the pupil for the imposition of administrative
sanctions in accordance with section 5 of this act if:

(a) The pupil and the pupils parents or legal
guardian fail to attend a hearing set by the advisory board pursuant to
subsection 1;

(b) The advisory board determines that the status
of a pupil as a habitual truant cannot be adequately addressed by requiring the
pupil to participate in programs and services available in the community;

(c) The pupil does not consent to participation
in programs and services pursuant to subsection 3; or

(d) The pupil or the pupils parents or legal
guardian violates the terms of the written agreement entered into pursuant to
subsection 3.

5. If the chair of an advisory board makes
[such] a report to a school police
officer or local law enforcement agency[,]pursuant to subsection 4, the
chair shall:

(a) Submit to the school police officer or law
enforcement agency, as applicable, written documentation of all efforts made by
the advisory board to address the status of the pupil as a habitual truant; and

(b) Make recommendations to the school police
officer or law enforcement agency, as applicable, regarding the appropriate
disposition of the case.

6. If the chair of an advisory board refers a pupil for the
imposition of administrative sanctions pursuant to subsection 4, the chair
shall:

(a) Provide
written documentation of all efforts made by the advisory board to address the
status of the pupil as a habitual truant; and

(b) Make
recommendations regarding the appropriate disposition of the case.

7. If
the parents or legal guardian of a pupil enter into a written agreement
pursuant to this section, the parents or legal guardian may appeal to the board
of trustees of the school district a determination made by the advisory board
concerning the contents of the written agreement. Upon receipt of such a
request, the board of trustees of the school district shall review the
determination in accordance with the procedure established by the board of
trustees for such matters.

[7.]8. The board of trustees of each
school district shall adopt policies and rules to protect the confidentiality
of the deliberations, findings and determinations made by an advisory board and
information concerning a pupil and the family of a pupil. An advisory board
shall not disclose information concerning the records of a pupil or services
provided to a pupil or the pupils family unless the disclosure is specifically
authorized by statute or by the policies and rules of the board of trustees and
is necessary for the advisory board to carry out its duties.

Sec. 9. NRS
62B.320 is hereby amended to read as follows:

62B.320 1. Except as
otherwise provided in this title, the juvenile court has exclusive original
jurisdiction in proceedings concerning any child living or found within the
county who is alleged or adjudicated to be in need of supervision because the
child:

(a) Is subject to compulsory school attendance
and is a habitual truant from school;

(b) Habitually disobeys the reasonable and lawful
demands of the parent or guardian of the child and is unmanageable;

(c) Deserts, abandons or runs away from the home
or usual place of abode of the child and is in need of care or rehabilitation;
or

(d) Uses an electronic communication device to
transmit or distribute a sexual image of himself or herself to another person
or to possess a sexual image in violation of NRS 200.737.

2. A child who is subject to the
jurisdiction of the juvenile court pursuant to this section must not be
considered a delinquent child.

3. The provisions of subsection 1 do not prohibit the
imposition of administrative sanctions pursuant to section 5 of this act
against a child who is subject to compulsory school attendance and is a
habitual truant from school.

4. As
used in this section:

(a) Electronic communication device has the
meaning ascribed to it in NRS 200.737.

483.250 The Department shall not issue any
license pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

1. To any person who is under the age of
18 years, except that the Department may issue:

(a) A restricted license to a person between the
ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

(b) An instruction permit to a person who is at
least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS
483.280.

(c) A restricted instruction permit to a person
under the age of 18 years pursuant to the provisions of subsection 3 of NRS
483.280.

(d) A drivers license to a person who is 16 or
17 years of age pursuant to NRS 483.2521.

2. To any person whose license has been
revoked until the expiration of the period during which the person is not
eligible for a license.

3. To any person whose license has been
suspended, but upon good cause shown to the Administrator, the Department may
issue a restricted license to the person or shorten any period of suspension.

4. To any person who has previously been
adjudged to be afflicted with or suffering from any mental disability or
disease and who has not at the time of application been restored to legal
capacity.

5. To any person who is required by NRS
483.010 to 483.630, inclusive, to take an examination, unless the person has
successfully passed the examination.

6. To any person when the Administrator
has good cause to believe that by reason of physical or mental disability that
person would not be able to operate a motor vehicle safely.

7. To any person who is not a resident of
this State.

8. To any child who is the subject of a
court order issued pursuant to title 5 of NRS or administrative sanctions imposed pursuant to section 5 of
this act which [delays]delay the childs privilege to drive.

9. To any person who is the subject of a
court order issued pursuant to NRS 206.330 which delays the persons privilege
to drive until the expiration of the period of delay.

10. To any person who is not eligible for
the issuance of a license pursuant to NRS 483.283.

Sec. 11. NRS
483.2521 is hereby amended to read as follows:

483.2521 1. The Department
may issue a drivers license to a person who is 16 or 17 years of age if the
person:

(a) Except as otherwise provided in subsection 2,
has completed:

(1) A course in automobile driver
education pursuant to NRS 389.090; or

(2) A course provided by a school for
training drivers which is licensed pursuant to NRS 483.700 to 483.780,
inclusive, and which complies with the applicable regulations governing the
establishment, conduct and scope of automobile driver education adopted by the
State Board of Education pursuant to NRS 389.090;

(b) Has at least 50 hours of supervised
experience in driving a motor vehicle with a restricted license, instruction
permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270
or 483.280, including, without limitation, at least 10 hours of experience in
driving a motor vehicle during darkness;

(c) Submits to the Department, on a form provided
by the Department, a log which contains the dates and times of the hours of
supervised experience required pursuant to this section and which is signed:

(1) By his or her parent or legal
guardian; or

(2) If the person applying for the
drivers license is an emancipated minor, by a licensed driver who is at least
21 years of age or by a licensed driving instructor,

Κ who attests
that the person applying for the drivers license has completed the training
and experience required pursuant to paragraphs (a) and (b);

(d) Submits
to the Department:

(1) A
written statement signed by the principal of the public school in which the
person is enrolled or by a designee of the principal and which is provided to
the person pursuant to section 4 of this act;

(2) A
written statement signed by the parent or legal guardian of the person which
states that the person is excused from compulsory attendance pursuant to NRS
392.070;

(3) A
copy of the persons high school diploma or certificate of attendance; or

(4) A
copy of the persons certificate of general educational development;

(e) Has
not been found to be responsible for a motor vehicle accident during the 6
months before applying for the drivers license;

[(e)](f) Has not been convicted of a moving
traffic violation or a crime involving alcohol or a controlled substance during
the 6 months before applying for the drivers license; and

[(f)](g) Has held an instruction permit for
not less than 6 months before applying for the drivers license.

2. If a course described in paragraph (a)
of subsection 1 is not offered within a 30-mile radius of a persons residence,
the person may, in lieu of completing such a course as required by that
paragraph, complete an additional 50 hours of supervised experience in driving
a motor vehicle in accordance with paragraph (b) of subsection 1.

Sec. 12. NRS
483.267 is hereby amended to read as follows:

483.267 1. The Department may
issue a restricted license to any applicant between the ages of 14 and 18 years
which entitles the applicant to drive a motor vehicle upon a highway if a
member of his or her household has a medical condition which renders that
member unable to operate a motor vehicle, and a hardship exists which requires
the applicant to drive.

2. An application for a restricted license
under this section must:

(a) Be made upon a form provided by the
Department.

(b) Contain a statement that a person living in
the same household with the applicant suffers from a medical condition which
renders that person unable to operate a motor vehicle and explaining the need
for the applicant to drive.

(c) Be signed and verified as provided in NRS
483.300.

(d) Include:

(1) A
written statement signed by the principal of the public school in which the
applicant is enrolled or by a designee of the principal and which is provided
to the applicant pursuant to section 4 of this act;

(2) A
written statement signed by the parent or legal guardian of the applicant which
states that the applicant is excused from compulsory school attendance pursuant
to NRS 392.070;

(3) A
copy of the applicants high school diploma or certificate of attendance; or

(4) A
copy of the applicants certificate of general educational development.

(e) Contain
such other information as may be required by the Department.

3. A restricted license issued pursuant to
this section:

(a) Is effective for the period specified by the
Department;

(b) Authorizes the licensee to operate a motor
vehicle on a street or highway only under conditions specified by the
Department; and

(c) May contain other restrictions which the
Department deems necessary.

4. No license may be issued under this
section until the Department is satisfied fully as to the applicants
competency and fitness to drive a motor vehicle.

Sec. 13. NRS
483.270 is hereby amended to read as follows:

483.270 1. The Department may
issue a restricted license to any pupil between the ages of 14 and 18 years who
is attending:

(a) A public school in a school district in this
State in a county whose population is less than 55,000 or in a city or town
whose population is less than 25,000 when transportation to and from school is
not provided by the board of trustees of the school district, if the pupil
meets the requirements for eligibility adopted by the Department pursuant to
subsection 5; or

(b) A private school meeting the requirements for
approval under NRS 392.070 when transportation to and from school is not
provided by the private school,

Κ and it is
impossible or impracticable to furnish such pupil with private transportation
to and from school.

2. An application for the issuance of a
restricted license under this section must:

(a) Be made upon a form provided by the
Department.

(b) Be signed and verified as provided in NRS
483.300.

(c) Include
a written statement signed by the:

(1) Principal
of the public school in which the pupil is enrolled or by a designee of the
principal and which is provided to the applicant pursuant to section 4 of this
act; or

(2) Parent
or legal guardian of the pupil which states that the pupil is excused from
compulsory school attendance pursuant to NRS 392.070.

(d) Contain
such other information as may be required by the Department.

3. Any restricted license issued pursuant
to this section:

(a) Is effective only for the school year during
which it is issued or for a more restricted period.

(b) Authorizes the licensee to drive a motor
vehicle on a street or highway only while going to and from school, and at a
speed not in excess of the speed limit set by law for school buses.

(c) May contain such other restrictions as the
Department may deem necessary and proper.

(d) May authorize the licensee to transport as
passengers in a motor vehicle driven by the licensee, only while the licensee
is going to and from school, members of his or her immediate family, or other
minor persons upon written consent of the parents or guardians of such minors,
but in no event may the number of passengers so
transported at any time exceed the number of passengers for which the vehicle
was designed.

event may the number of passengers so transported at any time
exceed the number of passengers for which the vehicle was designed.

4. No restricted license may be issued
under the provisions of this section until the Department is satisfied fully as
to the applicants competency and fitness to drive a motor vehicle.

5. The Department shall adopt regulations
that set forth the requirements for eligibility of a pupil to receive a
restricted license pursuant to paragraph (a) of subsection 1.

Sec. 14. NRS
483.460 is hereby amended to read as follows:

483.460 1. Except as
otherwise provided by specific statute, the Department shall revoke the
license, permit or privilege of any driver upon receiving a record of his or
her conviction of any of the following offenses, when that conviction has
become final, and the driver is not eligible for a license, permit or privilege
to drive for the period indicated:

(a) For a period of 3 years if the offense is:

(1) A violation of subsection 6 of NRS
484B.653.

(2) A third or subsequent violation within
7 years of NRS 484C.110 or 484C.120.

(3) A violation of NRS 484C.110 or
484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.

(4) A violation of NRS 484C.430 or a
homicide resulting from driving or being in actual physical control of a
vehicle while under the influence of intoxicating liquor or a controlled
substance or resulting from any other conduct prohibited by NRS 484C.110,
484C.130 or 484C.430.

Κ The period
during which such a driver is not eligible for a license, permit or privilege
to drive must be set aside during any period of imprisonment and the period of
revocation must resume when the Department is notified pursuant to NRS 209.517
or 213.12185 that the person has completed the period of imprisonment or that
the person has been placed on residential confinement or parole.

(b) For a period of 1 year if the offense is:

(1) Any other manslaughter, including
vehicular manslaughter as described in NRS 484B.657, resulting from the driving
of a motor vehicle or felony in the commission of which a motor vehicle is
used, including the unlawful taking of a motor vehicle.

(2) Failure to stop and render aid as
required pursuant to the laws of this State in the event of a motor vehicle
accident resulting in the death or bodily injury of another.

(3) Perjury or the making of a false affidavit
or statement under oath to the Department pursuant to NRS 483.010 to 483.630,
inclusive, or pursuant to any other law relating to the ownership or driving of
motor vehicles.

(4) Conviction, or forfeiture of bail not
vacated, upon three charges of reckless driving committed within a period of 12
months.

(5) A second violation within 7 years of
NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted
license during any of that period.

(6) A violation of NRS 484B.550.

(c) For a period of 90 days, if the offense is a
first violation within 7 years of NRS 484C.110 or 484C.120.

2. The Department shall revoke the
license, permit or privilege of a driver convicted of violating NRS 484C.110 or
484C.120 who fails to complete the educational course on the use of alcohol and
controlled substances within the time ordered by the
court and shall add a period of 90 days during which the driver is not eligible
for a license, permit or privilege to drive.

substances within the time ordered by the court and shall add
a period of 90 days during which the driver is not eligible for a license,
permit or privilege to drive.

3. When the Department is notified by a
court that a person who has been convicted of a first violation within 7 years
of NRS 484C.110 has been permitted to enter a program of treatment pursuant to
NRS 484C.320, the Department shall reduce by one-half the period during which
the person is not eligible for a license, permit or privilege to drive, but
shall restore that reduction in time if notified that the person was not
accepted for or failed to complete the treatment.

4. The Department shall revoke the
license, permit or privilege to drive of a person who is required to install a
device pursuant to NRS 484C.460 but who operates a motor vehicle without such a
device:

(a) For 3 years, if it is his or her first such
offense during the period of required use of the device.

(b) For 5 years, if it is his or her second such
offense during the period of required use of the device.

5. A driver whose license, permit or
privilege is revoked pursuant to subsection 4 is not eligible for a restricted
license during the period set forth in paragraph (a) or (b) of that subsection,
whichever applies.

6. In addition to any other requirements
set forth by specific statute, if the Department is notified that a court has
ordered the revocation, suspension or delay in the issuance of a license
pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapters 484A to 484E,
inclusive, of NRS , section 5 of
this act or any other provision of law, the Department shall take
such actions as are necessary to carry out the courts order.

7. As used in this section, device has
the meaning ascribed to it in NRS 484C.450.

Sec. 15. NRS
483.490 is hereby amended to read as follows:

483.490 1. Except as
otherwise provided in this section, after a drivers license has been suspended
or revoked for an offense other than a second violation within 7 years of NRS
484C.110, and one-half of the period during which the driver is not eligible
for a license has expired, the Department may, unless the statute authorizing
the suspension prohibits the issuance of a restricted license, issue a
restricted drivers license to an applicant permitting the applicant to drive a
motor vehicle:

(a) To and from work or in the course of his or
her work, or both; or

(b) To acquire supplies of medicine or food or
receive regularly scheduled medical care for himself, herself or a member of
his or her immediate family.

Κ Before a
restricted license may be issued, the applicant must submit sufficient
documentary evidence to satisfy the Department that a severe hardship exists
because the applicant has no alternative means of transportation and that the
severe hardship outweighs the risk to the public if the applicant is issued a
restricted license.

2. A person who has been ordered to
install a device in a motor vehicle pursuant to NRS 484C.460:

(a) Shall install the device not later than 21
days after the date on which the order was issued; and

(b) May not receive a restricted license pursuant
to this section until:

(1) After at least 1 year of the period
during which the person is not eligible for a license, if the person was
convicted of:

(I) A violation of NRS 484C.430 or a
homicide resulting from driving or being in actual physical control of a
vehicle while under the influence of intoxicating liquor or a controlled
substance or resulting from any other conduct prohibited by NRS 484C.110,
484C.130 or 484C.430; or

(II) A violation of NRS 484C.110 that
is punishable as a felony pursuant to NRS 484C.410 or 484C.420;

(2) After at least 180 days of the period
during which the person is not eligible for a license, if the person was
convicted of a violation of subsection 6 of NRS 484B.653; or

(3) After at least 45 days of the period
during which the person is not eligible for a license, if the person was
convicted of a first violation within 7 years of NRS 484C.110.

3. If the Department has received a copy
of an order requiring a person to install a device in a motor vehicle pursuant
to NRS 484C.460, the Department shall not issue a restricted drivers license
to such a person pursuant to this section unless the applicant has submitted
proof of compliance with the order and subsection 2.

4. After a drivers license has been
revoked or suspended pursuant to title 5 of NRS[,]or section 5 of this act, the
Department may issue a restricted drivers license to an applicant permitting
the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the
course of his or her work, or both; or

(b) If applicable, to and from school.

5. After a drivers license has been
suspended pursuant to NRS 483.443, the Department may issue a restricted
drivers license to an applicant permitting the applicant to drive a motor
vehicle:

(a) If applicable, to and from work or in the
course of his or her work, or both;

(b) To receive regularly scheduled medical care
for himself, herself or a member of his or her immediate family; or

(c) If applicable, as necessary to exercise a
court-ordered right to visit a child.

6. A driver who violates a condition of a
restricted license issued pursuant to subsection 1 or by another jurisdiction
is guilty of a misdemeanor and, if the license of the driver was suspended or
revoked for:

(a) A violation of NRS 484C.110, 484C.210 or
484C.430;

(b) A homicide resulting from driving or being in
actual physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or resulting from any other conduct prohibited
by NRS 484C.110, 484C.130 or 484C.430; or

(c) A violation of a law of any other
jurisdiction that prohibits the same or similar conduct as set forth in
paragraph (a) or (b),

Κ the driver
shall be punished in the manner provided pursuant to subsection 2 of NRS
483.560.

7. The periods of suspensions and
revocations required pursuant to this chapter and NRS 484C.210 must run
consecutively, except as otherwise provided in NRS 483.465 and 483.475, when
the suspensions must run concurrently.

8. Whenever the Department suspends or
revokes a license, the period of suspension, or of ineligibility for a license
after the revocation, begins upon the effective date of the revocation or
suspension as contained in the notice thereof.

Sec. 16. NRS
483.580 is hereby amended to read as follows:

483.580 A person shall not cause or
knowingly permit his or her child or ward under the age of 18 years to drive a
motor vehicle upon any highway when the minor is not authorized under the
provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of
the provisions of NRS 483.010 to 483.630, inclusive, or if the minors license
is revoked or suspended pursuant to title 5 of NRS[.] or section 5 of this act.

Sec. 17. This act becomes
effective on January 1, 2015.

________

CHAPTER 429, SB 465

Senate Bill No. 465Committee on Finance

CHAPTER 429

[Approved:
June 7, 2013]

AN ACT relating to
livestock; increasing the minimum and maximum rates at which an owner of
livestock must pay for certain annual special taxes imposed on livestock;
authorizing the State Department of Agriculture to assess the special tax
within a certain period after the date on which the taxes were due; increasing
the amount of the penalty for failure to pay the special tax; revising the
circumstances under which the Department may waive the penalty or any interest
owed for failure to pay the special tax; and providing other matters properly
relating thereto.

Legislative Counsels Digest:

Under existing law, each owner of livestock is required
to pay an annual special tax on livestock. The State Department of Agriculture
is required to fix the amount of the tax based on each head of stock cattle,
dairy cattle, horses, mules, burros, asses, hogs, pigs and goats owned by the
owner of livestock. Existing law also: (1) sets forth the maximum rates that
the Department may set for each head of livestock; and (2) sets the minimum
amount of the tax that an owner of livestock must pay each year at $5. (NRS
571.035) Section 1 of this bill increases the maximum rate the
Department may set for stock cattle, dairy cattle, hogs, pigs and goats and
increases the minimum amount of the tax to $10 each year.

Under existing law, any person who fails to pay the
special tax on livestock is required to pay, in addition to the tax, a penalty
of not more than 10 percent of the amount of the tax that is owed, plus
interest at the rate of 1.5 percent per month or fraction of a month from the
date the tax was due until the date of payment. The Department may waive or
reduce the payment of the interest or penalty for good cause shown. (NRS
575.205) Section 2 of this bill: (1) authorizes the Department, if the
Department determines that an owner of livestock was not assessed the tax for
any year in which the tax became due, to assess the tax at any time within 5
years after the date on which the tax was due; (2) authorizes the Department to
waive or reduce the payment of the interest or penalty if the Department finds
extenuating circumstances sufficient to justify the waiver or reduction; and
(3) prohibits the Department from providing certain services to an owner of
livestock who is delinquent in the payment of the tax.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
571.035 is hereby amended to read as follows:

571.035 1. Upon approval of
the report of owners of livestock and sheep pursuant to NRS 575.180, the
Department shall fix the amount of the annual special tax on each head of the
following specified classes of livestock, which, except as otherwise provided
in subsection 3, must not exceed the following rates per head for each class:

(a) Dairy cattle are bulls, cows and heifers of
the dairy breeds that are more than 6 months old.

(b) Stock cattle are:

(1) Steers of any breed and other weaned
calves of the beef breeds that are more than 6 months old; and

(2) Bulls, cows and older heifers of the
beef breeds.

(c) The classes consisting of horses, mules, and
burros and asses exclude animals that are less than 1 year old.

3. The minimum special tax due annually
pursuant to this section from each owner of livestock is [$5.] $10.

4. Upon the receipt of payment of the
special tax and the report thereof by the State Controller, the Department
shall credit the amount of the tax as paid on its records.

5. The special taxes paid by an owner of
livestock, when transmitted to the State Treasurer, must be deposited in the
Livestock Inspection Account.

Sec. 2. NRS
575.205 is hereby amended to read as follows:

575.205 1. If the Department determines that an
owner of livestock was not assessed the tax required pursuant to NRS 571.035 in any year in which the tax became due,
the Department may
assess the tax at any time within 5 years after
the date on which the tax became due.

2. Except
as otherwise provided in subsection [2,]3, any person who fails to
pay the tax levied by the Department pursuant to NRS 571.035, within the time
required, shall pay , in addition
to the tax, a penalty [of not more than 10]equal to 20 percent
of the amount of the tax that is owed[, in addition to]for each year the person fails to
pay the tax, plus interest at the rate of 1.5 percent per month,
or fraction of a month, from the date the tax was due until the date of
payment.

[2.] 3. The Department may[, for good cause shown,]
waive or reduce the payment of the interest or penalty, or both, that is
required to be paid pursuant to subsection [1.]

pursuant to subsection [1.]2, if the Department finds extenuating
circumstances sufficient to justify the waiver or reduction. The
Department shall, upon the request of any person, disclose:

(a) The name of the person whose interest or
penalty was waived or reduced; and

(b) The amount so waived or the amount of the
reduction.

[3.] 4. All taxes levied by the
Department on livestock pursuant to NRS 571.035, and all penalties and interest
accrued thereon, constitute a lien upon the livestock until paid.

5. Except
as otherwise provided in NRS 575.230, the Department shall not provide
inspection or other services to an owner of livestock who is delinquent in the
payment of the tax levied by the Department pursuant to NRS 571.035.

Sec. 3. This act becomes effective
on July 1, 2013.

________

CHAPTER 430, SB 464

Senate Bill No. 464Committee on Finance

CHAPTER 430

[Approved:
June 7, 2013]

AN ACT relating to
governmental administration; renaming the Division of Measurement Standards
within the State Department of Agriculture as the Division of Consumer
Equitability; renaming the State Sealer of Weights and Measures as the State
Sealer of Consumer Equitability; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Existing law creates the Division of Measurement
Standards within the State Department of Agriculture and designates the
Director of the Department as ex officio State Sealer of Weights and Measures.
(NRS 561.108, 561.155) This bill renames: (1) the Division of Measurement
Standards as the Division of Consumer Equitability; and (2) the State Sealer of
Weights and Measures as the State Sealer of Consumer Equitability.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 561.108 is hereby amended
to read as follows:

561.108 1. The Division of [Measurement
Standards]Consumer
Equitability is hereby created within the Department. The
Director shall appoint an Administrator of the Division who shall administer
all activities and services of the Division.

2. The Division of [Measurement Standards] Consumer Equitability
shall administer and enforce the provisions of chapters 581 and 582 of NRS and
NRS 590.010 to 590.450, inclusive.

561.155 The Director is hereby designated
and appointed ex officio State Sealer of [Weights and Measures,]Consumer Equitability, and
shall carry out all the duties of the State Sealer of [Weights and Measures]Consumer Equitability as
provided by law.

Sec. 3. NRS
482.485 is hereby amended to read as follows:

482.485 1. The provisions of
chapter 582 of NRS (Public Weighmasters) are hereby made applicable to this
chapter.

2. Except as otherwise provided in
subsection 6, all motor vehicles required to be weighed under the provisions of
this chapter must be weighed by a public weighmaster under such rules and
regulations as may be deemed advisable by the Director and the State Sealer of [Weights
and Measures,]Consumer Equitability, and according to the provisions of
chapter 582 of NRS.

3. The Department for registration
purposes only may collect a fee, not to exceed $1, for each vehicle weighed by
the Department.

4. From time to time, upon request of the
Director, the State Sealer of [Weights and Measures]Consumer Equitability shall
appoint additional public weighmasters, according to the provisions of chapter
582 of NRS, as may be necessary to effectuate the purposes of this chapter.

5. Public weighmasters certificates
issued in states other than Nevada, when such certificates bear the seal of
such weighmaster, may be accepted by the Director as evidence of the weight of
the motor vehicle for which a license is applied.

6. In lieu of weighing a farm vehicle
pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

(a) Weigh the farm vehicle on a scale which has
been certified by the State Sealer of [Weights and Measures;]Consumer Equitability; and

(b) Use a printout from that scale setting forth
the declared gross weight of the farm vehicle as proof of the declared gross
weight of the farm vehicle for purposes of this chapter.

Sec. 4. NRS
581.0045 is hereby amended to read as follows:

581.0045 Division means the Division of [Measurement
Standards]Consumer
Equitability of the State Department of Agriculture.

Sec. 5. NRS
581.030 is hereby amended to read as follows:

581.030 The Director of the State
Department of Agriculture, as ex officio State Sealer of [Weights and Measures,]Consumer Equitability, shall
enforce the provisions of this chapter.

Sec. 6. NRS
581.050 is hereby amended to read as follows:

581.050 1. The State Sealer
of [Weights and Measures]Consumer Equitability may:

(a) Adopt regulations necessary to carry out the
provisions of this chapter.

(b) Ensure that those regulations comply, insofar
as practicable, with the specifications, tolerances and regulations recommended
by the National Institute of Standards and Technologies.

(c) Adopt regulations for the submission for
approval of types and designs of weights and measures and commercial weighing
and measuring equipment.

2. The State Sealer of [Weights
and Measures]Consumer
Equitability shall adopt regulations which prescribe the:

(b) Requirements for the issuance of a
certificate of registration pursuant to NRS 581.103; and

(c) Standards for the equipment used to repair or
adjust weighing or measuring devices.

Sec. 7. NRS
581.057 is hereby amended to read as follows:

581.057 The State Sealer of [Weights
and Measures]Consumer
Equitability may, if necessary for the enforcement of this
chapter and any regulations adopted pursuant thereto:

1. Enter any commercial premises during
normal business hours upon presenting his or her credentials.

2. Issue stop-use, hold and removal orders
for any weights and measures commercially used, and issue stop-sale, hold and
removal orders for any packaged commodities or bulk sale commodities that are
kept, offered or exposed for sale.

3. Seize, for use as evidence, without
formal warrant, any incorrect or unapproved weight, measure, package or
commodity found to be used, retained, offered or exposed for sale, or sold in
violation of any provision of this chapter or any regulation adopted pursuant
thereto.

4. Stop any commercial vehicle and, after
presentation of his or her credentials, inspect the contents of the vehicle,
require the person in charge of the vehicle to produce any documents in the
persons possession concerning the contents of the vehicle, and require that
person to proceed with the vehicle to some specified place for inspection.

Sec. 8. NRS
581.059 is hereby amended to read as follows:

581.059 The State Sealer of [Weights
and Measures]Consumer
Equitability may apply to any court of competent jurisdiction for
a restraining order, temporary or permanent injunction, restraining a person
from violating any provision of this chapter or any regulation adopted pursuant
thereto.

Sec. 9. NRS
581.065 is hereby amended to read as follows:

581.065 The State Sealer of [Weights
and Measures]Consumer
Equitability shall:

1. Ensure that weights and measures used
in commercial services within this state are suitable for their intended use,
are properly installed and accurate, and are so maintained by their owner or
user.

2. Prevent unfair or deceptive dealing by
weight or measure in any commodity or service advertised, packaged, sold or
purchased within this state.

3. Make available to all users of physical
standards, or of weighing and measuring equipment, the precision calibration
and related metrological certification capabilities of the facilities of the
Division.

4. Promote uniformity, to the extent
practicable and desirable, between the requirements relating to weights and
measures of this state and similar requirements of other states and federal
agencies.

5. Adopt regulations establishing such
requirements relating to weights and measures as are necessary to ensure equity
between buyers and sellers, and thereby encourage desirable economic growth
while protecting consumers.

Sec. 10. NRS
581.067 is hereby amended to read as follows:

581.067 The State Sealer of [Weights
and Measures]Consumer
Equitability shall:

1. Adopt regulations establishing such primary
standards and secondary standards for weights and measures for use in this
State as the State Sealer of [Weights and Measures]Consumer Equitability determines
appropriate.

2. Maintain traceability of the state
standards to the national standards of the National Institute of Standards and
Technology.

3. Enforce the provisions of this chapter.

4. Adopt other reasonable regulations for
the enforcement of this chapter.

5. Establish requirements for:

(a) Labeling;

(b) The presentation of information relating to
cost per unit;

(c) Standards of weight, measure or count, and
reasonable standards of fill, for any packaged commodity; and

(d) Information relating to open dating of
packaged food.

6. Grant such exemptions from the
provisions of this chapter or any regulations adopted pursuant thereto as the
State Sealer of [Weights and Measures]Consumer Equitability determines
appropriate to the maintenance of good commercial practices within this State.

7. Conduct investigations to ensure compliance
with this chapter.

8. Delegate to appropriate personnel any
of the responsibilities of the Division as needed for the proper administration
of the Division.

9. Adopt regulations establishing a
schedule of civil penalties for any violation of NRS 581.415.

10. Inspect and test commercial weights
and measures that are kept, offered or exposed for sale.

11. Inspect and test, to ascertain if they
are correct, weights and measures that are commercially used to:

(a) Determine the weight, measure or count of
commodities or things that are sold, or offered or exposed for sale, on the
basis of weight, measure or count; or

(b) Compute the basic charge or payment for
services rendered on the basis of weight, measure or count.

12. Test all weights and measures used in
checking the receipt or disbursement of supplies by entities funded by
legislative appropriations.

13. Approve for use such commercial
weights and measures as the State Sealer of [Weights and Measures]Consumer Equitability determines
are correct and appropriate. The State Sealer of [Weights and Measures]Consumer Equitability may
mark such commercial weights and measures. The State Sealer of [Weights
and Measures]Consumer
Equitability shall reject and order to be corrected, replaced or
removed any commercial weights and measures found to be incorrect. Weights and
measures that have been rejected may be seized if they are not corrected within
the time specified or if they are used or disposed of in a manner not
specifically authorized. The State Sealer of [Weights and Measures]Consumer Equitability shall
remove from service and may seize weights and measures found to be incorrect
that are not capable of being made correct.

14. Weigh, measure or inspect packaged
commodities that are kept, offered or exposed for sale, sold or in the process
of delivery to determine whether the packaged commodities contain the amounts
represented and whether they are kept, offered or exposed for sale in
accordance with this chapter or the regulations adopted pursuant thereto. In
carrying out the provisions of this subsection, the State Sealer of [Weights
and Measures] Consumer Equitability
shall employ recognized sampling procedures, including, without limitation,
sampling procedures adopted by the National Conference on Weights and Measures.

15. Adopt regulations prescribing the
appropriate term or unit of weight or measure to be used whenever the State
Sealer of [Weights and Measures]Consumer Equitability determines
that an existing practice of declaring the quantity of a commodity, or of
setting charges for a service by weight, measure, numerical count or time, or
any combination thereof, does not facilitate value comparisons by consumers or
may confuse consumers.

16. Allow reasonable variations from the
stated quantity of contents that entered intrastate commerce, which must
include those variations caused by loss or gain of moisture during the course
of good distribution practices or by unavoidable deviations in good
manufacturing practices.

17. Provide for the training of persons
employed by any governmental entity within this State, including, without
limitation, state, county and municipal personnel, who enforce the provisions
of this chapter and chapter 582 of NRS, and any regulations adopted pursuant
thereto, relating to weights and measures. The State Sealer of [Weights
and Measures]Consumer
Equitability may establish by regulation minimum training and
performance requirements which must be met by all such persons.

18. Verify advertised prices, price
representations and point-of-sale systems, as necessary, to determine the
accuracy of prices and computations and the correct use of the equipment, and,
if such systems utilize scanning or coding means in lieu of manual entry, the
accuracy of prices printed or recalled from a database. In carrying out the
provisions of this subsection, the State Sealer of [Weights and Measures]Consumer Equitability shall:

(a) Employ recognized procedures for making such
verifications and determinations of accuracy, including, without limitation,
any appropriate procedures designated by the National Institute of Standards
and Technology;

(b) Adopt regulations and issue orders regarding
standards for the accuracy of advertised prices and automated systems for
retail price charging, or point-of-sale systems, and for the enforcement of
those standards; and

(c) Conduct investigations to ensure compliance
with those standards.

Sec. 11. NRS
581.075 is hereby amended to read as follows:

581.075 The State Sealer of [Weights
and Measures]Consumer
Equitability may establish:

1. A schedule of fees for any tests of
weighing and measuring devices that the State Sealer of [Weights and Measures]Consumer Equitability determines
to be necessary.

2. An annual fee for the issuance of a
certificate of registration pursuant to NRS 581.103.

3. An annual license fee for all
commercial weighing and measuring equipment.

Sec. 12. NRS
581.103 is hereby amended to read as follows:

581.103 1. Any person who
wishes to make any repair or adjustment, for hire, to a weighing or measuring
device must submit to the State Sealer of [Weights and Measures:] Consumer Equitability:

(a) An application for a certificate of registration
on a form provided by the State Sealer of [Weights and Measures;] Consumer Equitability;

(c) The annual fee prescribed by regulation
pursuant to subsection 2 of NRS 581.075; and

(d) Such other information required by the State
Sealer of [Weights and Measures.] Consumer Equitability.

2. An application for a certificate of
registration must include the social security number of the applicant.

Sec. 13. NRS
581.1032 is hereby amended to read as follows:

581.1032 1. An applicant for
the issuance or renewal of a certificate of registration pursuant to NRS 581.103
shall submit to the State Sealer of [Weights and Measures]Consumer Equitability the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement
must be completed and signed by the applicant.

2. The State Sealer of [Weights
and Measures]Consumer
Equitability shall include the statement required pursuant to
subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate of registration; or

(b) A separate form prescribed by the State
Sealer of [Weights and Measures.] Consumer Equitability.

3. A certificate of registration may not
be issued or renewed by the State Sealer of [Weights and Measures]Consumer Equitability pursuant
to NRS 581.103 if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that he or she is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the statement
submitted pursuant to subsection 1 that he or she is subject to a court order
for the support of a child and is not in compliance with the order or a plan
approved by the district attorney or other public agency enforcing the order
for the repayment of the amount owed pursuant to the order, the State Sealer of
[Weights and Measures]Consumer Equitability shall
advise the applicant to contact the district attorney or other public agency
enforcing the order to determine the actions that the applicant may take to
satisfy the arrearage.

Sec. 14. NRS
581.1034 is hereby amended to read as follows:

581.1034 1. If the State
Sealer of [Weights and Measures]Consumer Equitability receives
a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a certificate
of registration issued pursuant to NRS 581.103, the State Sealer of [Weights
and Measures]Consumer
Equitability shall deem the certificate of registration issued to
that person to be suspended at the end of the 30th day after the date on which
the court order was issued unless the State Sealer of [Weights and Measures]Consumer Equitability receives
a letter issued to the holder of the certificate of registration by the
district attorney or other public agency pursuant to NRS 425.550 stating that
the holder of the certificate of registration has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The State Sealer of [Weights
and Measures]Consumer
Equitability shall reinstate a certificate of registration issued
pursuant to NRS 581.103 that has been suspended by a
district court pursuant to NRS 425.540 if the State Sealer of [Weights and
Measures] Consumer Equitability receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the person whose
certificate of registration was suspended stating that the person whose certificate
of registration was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560.

that has been suspended by a district court pursuant to NRS
425.540 if the State Sealer of [Weights and Measures]Consumer Equitabilityreceives
a letter issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose certificate of registration was suspended stating
that the person whose certificate of registration was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560.

Sec. 15. NRS
581.304 is hereby amended to read as follows:

581.304 1. Except as
otherwise provided in this chapter, any random weight package or standard
package kept, offered or exposed for sale, must bear on the outside of the
package a definite, plain and conspicuous declaration of:

(a) The identity of the commodity in the package,
unless the commodity is a food, other than meat or poultry, that was repackaged
in a retail establishment and displayed to the purchaser where:

(1) The interstate labeling for the
repackaged food is clearly in view or the food has a counter card, sign or
other appropriate device bearing prominently and conspicuously the common or
usual name of the food; or

(2) The common or usual name of the food
is clearly revealed by its appearance;

(b) The quantity of contents of the package, in
terms of weight, measure or count; and

(c) If the package is kept, offered or exposed
for sale, or sold, in any place other than on the premises where packed, the
name and place of business of the manufacturer, packer or distributor.

2. The State Sealer of [Weights
and Measures]Consumer
Equitability may exempt any type of random weight package or
standard package, or commodity from the provisions of this section by
regulation.

Sec. 16. NRS
581.320 is hereby amended to read as follows:

581.3201. All
fluid dairy products must be packaged for retail sale in:

(b) Such other amounts as are approved, jointly,
by the State Dairy Commission and the State Sealer of [Weights and Measures.] Consumer Equitability.

2. Each container used for the sale of
such products must:

(a) Be marked with its capacity;

(b) Be marked with the name, initial or trademark
of the manufacturer;

(c) Be marked with such other information as
required by the State Dairy Commission and the State Sealer of [Weights
and Measures;]Consumer Equitability; and

(d) If the fluid dairy product is packaged for
retail sale in an amount other than a unit of measure listed in paragraph (a)
of subsection 1, be marked with its capacity in fluid ounces and a comparison
of that quantity with the unit of measure that is closest in volume in
sufficient size and prominence to inform the public of the difference in
volume.

3. This section does not apply to eating
establishments serving milk in glasses with meals.

581.365 1. Except as
otherwise provided by regulation or order of the State Sealer of [Weights
and Measures]Consumer
Equitability or by established trade custom and practice
recognized by regulation or order of the State Sealer of [Weights and Measures:] Consumer Equitability:

(a) Commodities in liquid form must be sold by
liquid measure or by weight; and

(b) Commodities not in liquid form must be sold
by weight, by measure or by count.

2. The method of sale of a commodity must
provide such accurate and adequate information concerning quantity as will
enable the buyer to make price and quantity comparisons.

Sec. 18. NRS
581.385 is hereby amended to read as follows:

581.385 All bulk sales in which the buyer
and seller are not both present to witness the measurement, all bulk deliveries
of heating fuel and all other bulk sales specified by regulation of the State
Sealer of [Weights and Measures]Consumer Equitability must
be accompanied by a delivery ticket containing:

1. The name and address of the buyer and
seller;

2. The date delivered;

3. The quantity delivered and the quantity
upon which the price is based, if the quantity upon which the price is based
differs from the quantity delivered;

4. The unit price, unless otherwise agreed
upon by both the buyer and seller;

5. The identity of the commodity, in the
most descriptive terms commercially practicable, including any representation
about the quality of the commodity made in connection with the sale; and

6. Where commodities are bought from bulk
but delivered in packages, the count of individually wrapped packages if more than
one individually wrapped package is being sold.

Sec. 19. NRS
581.415 is hereby amended to read as follows:

581.415 1. A person shall
not:

(a) Use in commerce, or have in his or her
possession for use in commerce, any incorrect weight or measure;

(b) Sell or offer for sale for use in commerce
any incorrect weight or measure;

(c) Remove any tag, seal or mark from any weight
or measure without specific written authorization from the proper authority;

(d) Hinder or obstruct any inspector of the Division
in the performance of the inspectors duties; or

(e) Violate any provisions of this chapter or any
regulation adopted pursuant thereto.

2. A person who violates any provision of
this section is, in addition to any criminal penalty that may be imposed,
subject to a civil penalty in accordance with the schedule of civil penalties
established by the State Sealer of [Weights and Measures]Consumer Equitability pursuant
to subsection 9 of NRS 581.067.

Sec. 20. NRS
581.417 is hereby amended to read as follows:

581.417 1. A person subject
to a civil penalty may request an administrative hearing within 10 days after
receipt of the notice of the civil penalty. The State Sealer of [Weights
and Measures]Consumer
Equitability or a designee shall conduct the
hearing after giving appropriate notice to the respondent.

or a designee shall conduct the hearing after giving
appropriate notice to the respondent. The decision of the State Sealer of [Weights
and Measures]Consumer
Equitability or the designee is subject to appropriate judicial
review.

2. If the respondent has exhausted all
administrative appeals and the civil penalty has been upheld, the respondent
shall pay the civil penalty:

(a) If no petition for judicial review is filed
pursuant to NRS 233B.130, within 40 days after the final decision of the State
Sealer of [Weights and Measures;]Consumer Equitability; or

(b) If a petition for judicial review is filed
pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after
the effective date of the final decision of the court.

3. If the respondent fails to pay the
penalty, a civil action may be brought by the State Sealer of [Weights
and Measures]Consumer
Equitability in any court of competent jurisdiction to recover
the civil penalty. All civil penalties collected pursuant to this chapter must
be deposited with the State Treasurer for credit to the State General Fund.

Sec. 21. NRS
582.004 is hereby amended to read as follows:

582.004 Division means the Division of [Measurement
Standards]Consumer
Equitability of the State Department of Agriculture.

Sec. 22. NRS
582.021 is hereby amended to read as follows:

582.021 The State Sealer of [Weights
and Measures]Consumer
Equitability shall:

1. Enforce the provisions of this chapter;

2. Adopt regulations establishing a
schedule of civil penalties for any violation of this chapter;

3. Adopt reasonable regulations for the
enforcement of this chapter; and

4. Adopt regulations relating to public
weighing that include, without limitation:

(a) The qualifications of an applicant for a
license as a public weighmaster;

(b) Requirements for the renewal of a license as
a public weighmaster;

(c) The period of validity of a license as a
public weighmaster;

(d) Measurement practices that must be followed,
including the measurement or recording of tare weight;

(e) The required information to be submitted with
or as part of a certificate of weights and measures; and

(f) The period for which records must be kept.

Sec. 23. NRS
582.025 is hereby amended to read as follows:

582.025 The State Sealer of [Weights
and Measures]Consumer
Equitability may adopt such regulations as are reasonably
necessary to carry out the provisions of this chapter. Any such regulations
shall comply, insofar as practicable, with specifications, tolerances and
regulations recommended by the National Institute of Standards and
Technologies.

Sec. 24. NRS
582.026 is hereby amended to read as follows:

582.026 The State Sealer of [Weights
and Measures]Consumer
Equitability may apply to a court of competent jurisdiction for a
restraining order, or a temporary or permanent injunction, restraining a person
from violating any provision of this chapter or any regulation adopted pursuant
thereto.

582.028 Except as otherwise provided in
NRS 582.029, to act as a public weighmaster, a person must receive a license
from the State Sealer of [Weights and Measures.]Consumer Equitability. To
qualify for a license, a person must:

1. Be able to weigh and measure
accurately;

2. Be able to generate correct
certificates of weights and measures; and

3. Possess such other qualifications as
required by the regulations adopted pursuant to this chapter.

Sec. 26. NRS
582.030 is hereby amended to read as follows:

582.030 1. Any person may
apply to the State Sealer of [Weights and Measures]Consumer Equitability for
licensure as a public weighmaster with authority to issue state certificates of
weights and measures upon which the purchase or sale of commodities or charge
for services or equipment will be based.

2. Before issuing a license as a public
weighmaster, the State Sealer of [Weights and Measures]Consumer Equitability or
a deputy thereof must:

(a) Test all weighing apparatus to be used.

(b) Inspect the premises intended for such use.

(c) Be satisfied that the applicant is in every
way equipped, qualified, competent and of such character that the person should
be issued a license as a public weighmaster.

Sec. 27. NRS
582.031 is hereby amended to read as follows:

582.031 An applicant for a license as a
public weighmaster must furnish evidence on a form provided by the State Sealer
of [Weights and Measures]Consumer Equitability that
the applicant has the qualifications required by NRS 582.028.

Sec. 28. NRS
582.0311 is hereby amended to read as follows:

582.0311 The State Sealer of [Weights
and Measures]Consumer
Equitability shall determine the qualifications of an applicant for
a license as a public weighmaster based on:

1. The information provided on the
application and any supplementary information determined appropriate by the
State Sealer of [Weights and Measures;]Consumer Equitability; and

2. The results of an examination of the
knowledge of the applicant.

Sec. 29. NRS
582.032 is hereby amended to read as follows:

582.032 1. An applicant for
the issuance or renewal of a license as a public weighmaster shall submit to
the State Sealer of [Weights and Measures]Consumer Equitability the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement
must be completed and signed by the applicant.

2. The State Sealer of [Weights
and Measures]Consumer
Equitability shall include the statement required pursuant to
subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of a license as a public weighmaster;
or

(b) A separate form prescribed by the State
Sealer of [Weights and Measures.] Consumer Equitability.

3. A license as a public weighmaster may
not be issued or renewed by the State Sealer of [Weights and Measures]Consumer Equitability pursuant
to NRS 581.103 if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that he or she is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that he or she is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the State
Sealer of [Weights and Measures]Consumer Equitability shall
advise the applicant to contact the district attorney or other public agency
enforcing the order to determine the actions that the applicant may take to
satisfy the arrearage.

Sec. 30. NRS
582.040 is hereby amended to read as follows:

582.040 If satisfied with the
qualifications of the applicant, the State Sealer of [Weights and Measures]Consumer Equitability shall
issue a license as a public weighmaster, for which license the State Sealer of [Weights
and Measures]Consumer
Equitability shall charge a fee established by regulation of the
State Board of Agriculture.

Sec. 31. NRS
582.043 is hereby amended to read as follows:

582.043 The State Sealer of [Weights
and Measures]Consumer
Equitability shall:

1. Grant licenses as public weighmasters
to qualified applicants; and

2. Keep a record of all applications submitted
and all licenses issued.

Sec. 32. NRS
582.045 is hereby amended to read as follows:

582.045 1. If the State
Sealer of [Weights and Measures]Consumer Equitability receives
a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is licensed as a public
weighmaster, the State Sealer of [Weights and Measures]Consumer Equitability shall
deem the license to be suspended at the end of the 30th day after the date on
which the court order was issued unless the State Sealer of [Weights
and Measures]Consumer
Equitability receives a letter issued to the licensee by the
district attorney or other public agency pursuant to NRS 425.550 stating that
the licensee has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The State Sealer of [Weights
and Measures]Consumer
Equitability shall reinstate a license of appointment as a public
weighmaster suspended by a district court pursuant to NRS 425.540 if the State
Sealer of [Weights and Measures]Consumer Equitability receives
a letter issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose license was suspended stating that the person whose
license was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560.

Sec. 33. NRS
582.049 is hereby amended to read as follows:

582.049 The State Sealer of [Weights
and Measures]Consumer
Equitability may suspend or revoke the license of a public
weighmaster:

1. When, following a hearing held after 10
days notice to the licensee, the State Sealer of [Weights and Measures]Consumer Equitability is
satisfied that the licensee has violated a provision of this chapter or any
regulation adopted pursuant thereto;

2. When the licensee has been convicted in
a court of competent jurisdiction of violating a provision of this chapter or
any regulation adopted pursuant thereto; or

3. When the licensee is convicted of a
felony.

Sec. 34. NRS
582.085 is hereby amended to read as follows:

582.085 1. A certificate of
weights and measures, when properly filled out and signed, is prima facie
evidence of the accuracy of the measurements shown.

2. The design of and the information to be
furnished on a certificate of weights and measures must be prescribed by the
State Sealer of [Weights and Measures]Consumer Equitability by
regulation, and include, without limitation:

(a) The name and license number of the public
weighmaster;

(b) The kind of commodity weighed, measured or
counted;

(c) The name of the owner, agent or consignee of
the commodity;

(d) The name of the recipient of the commodity,
if applicable;

(e) The date on which the certificate is issued;

(f) The consecutive number of the certificate;

(g) The identification, including any
identification number, of the carrier transporting the commodity, and the
identification number or license number of the vehicle;

(h) Any relevant information needed to
distinguish or identify the commodity from a like kind;

(i) The number of units of the commodity, if
applicable;

(j) The measure of the commodity, if applicable;

(k) The weight or mass of the commodity and the
vehicle or container, if applicable, as follows:

(1) The gross weight of the commodity and
the associated vehicle or container;

(2) The tare weight of the unladened
vehicle or container; or

(3) Both the gross and tare weight and the
resultant net weight of the commodity; and

(l) The signature of the public weighmaster who
determined the weight, measure or count.

Sec. 35. NRS
582.115 is hereby amended to read as follows:

582.115 A public weighmaster shall keep
and preserve a legible copy of each certificate of weights and measures which
the public weighmaster issues for the period specified by the State Sealer of [Weights
and Measures]Consumer
Equitability by regulation. The certificates must be available
for inspection by an authorized employee of the Division during normal office
hours.

Sec. 36. NRS
582.125 is hereby amended to read as follows:

582.125 The State Sealer of [Weights
and Measures]Consumer
Equitability may recognize and accept certificates of weights and
measures issued by licensed public weighmasters of any other state if that
other state recognizes and accepts certificates of weights and measures issued
by licensed public weighmasters of this state.

(a) A public weighmaster shall not weigh a
vehicle or combination of vehicles when part of the vehicle or connected
combination is not resting fully, completely and as one entire unit on the
scale.

(b) When weighing a combination of vehicles that
will not rest fully, completely and as one complete unit on the scale platform:

(1) The combination of vehicles must be
disconnected and weighed in single drafts; and

(2) The weights of the single drafts may
be combined in order to issue a single certificate of weights and measures for
the combination, provided that the certificate indicates that the total
represents a combination of single draft weighings.

2. A public weighmaster who operates a
vehicle scale that was installed before January 1, 2004, may apply to the State
Sealer of [Weights and Measures]Consumer Equitability for
a permanent variance from the requirements of subsection 1 that would allow the
split weighing of certain vehicles or combinations of vehicles. The request
must contain:

(a) The name, address and telephone number of the
public weighmaster and the reason for the request.

(b) The name of the manufacturer, and the type,
location, deck length, serial number and capacity, of the vehicle scale.

(c) The maximum distance between the front and
rear outer axles of a vehicle or combination of vehicles to which the variance
would apply.

(d) A statement certifying that, during the split
weighing of any vehicle or combination of vehicles, the public weighmaster will
verify that:

(1) Each axle of the vehicle or
combination of vehicles rests on a straight surface which is level with the
deck of the vehicle scale or which, if not level, the amount by which it is out
of level does not exceed 1/3 inch per foot of distance between the deck of the
vehicle scale and the axle;

(2) The brakes of the vehicle or
combination of vehicles are not used; and

(3) The transmission of the vehicle or
combination of vehicles is in neutral.

Sec. 38. NRS
582.300 is hereby amended to read as follows:

582.300 1. A person shall
not:

(a) Except as otherwise provided in NRS 582.029,
act as a public weighmaster without a valid license, including, without
limitation:

(1) Assuming the title of public
weighmaster or any similar title;

(2) Performing the duties or acts to be
performed by a public weighmaster;

(3) Holding himself or herself out as a
public weighmaster;

(4) Issuing any certificate of weights and
measures, ticket, memorandum or statement for which a fee is charged; or

(5) Engaging in a full-time or part-time
business of measuring for hire;

(b) Use or operate any device for purposes of
certification that does not meet, or is not operated in accordance with, the
provisions of chapter 581 of NRS and any regulations adopted pursuant thereto
relating to the specifications, tolerances and other technical requirements for
weighing and measuring devices;

(c) Falsify a certificate of weights and measures
or falsely certify any gross, tare or net weight or measure required by this
chapter to be on the certificate;

(d) Refuse without cause to weigh or measure any
article or thing which is the persons duty to weigh or measure, or refuse to
state in any certificate anything required to be therein;

(e) Hinder or obstruct in any way the State
Sealer of [Weights and Measures]Consumer Equitability or
an authorized agent thereof in the performance of the official duties of the
State Sealer of [Weights and Measures]Consumer Equitability under
this chapter;

(f) Violate any provision of this chapter or any
regulation adopted pursuant thereto;

(g) Delegate his or her authority to a person not
licensed as a public weighmaster;

(h) Request a false certificate of weights and
measures, or request a public weighmaster to weigh, measure or count property
or produce, or a vehicle, commodity or any other article falsely or
incorrectly;

(i) Issue a certificate simulating the
certificate of weights and measures issued pursuant to this chapter; or

(j) Use or possess a device for weighing and
measuring which has been altered to facilitate fraud.

2. A person who violates any provision of
this section is, in addition to any criminal penalty that may be imposed,
subject to a civil penalty in accordance with the schedule of civil penalties
established by the State Sealer of [Weights and Measures]Consumer Equitability pursuant
to NRS 582.021.

Sec. 39. NRS
582.310 is hereby amended to read as follows:

582.310 1. A person subject
to a civil penalty may request an administrative hearing within 10 days after
receipt of the notice of the civil penalty. The State Sealer of [Weights
and Measures]Consumer
Equitability or a designee thereof shall conduct the hearing
after giving appropriate notice to the respondent. The decision of the State
Sealer of [Weights and Measures]Consumer Equitability or
designee is subject to appropriate judicial review.

2. If the respondent has exhausted all
administrative appeals and the civil penalty has been upheld, the respondent
shall pay the civil penalty:

(a) If no petition for judicial review is filed
pursuant to NRS 233B.130, within 40 days after the final decision of the State
Sealer of [Weights and Measures;]Consumer Equitability; or

(b) If a petition for judicial review is filed
pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after
the effective date of the final decision of the court.

3. If the respondent fails to pay the
civil penalty, a civil action may be brought by the State Sealer of [Weights
and Measures]Consumer
Equitability in any court of competent jurisdiction to recover
the civil penalty. All civil penalties collected pursuant to this chapter must
be remitted to the county treasurer of the county in which the violation
occurred for credit to the county school district fund.

Sec. 40. NRS
590.063 is hereby amended to read as follows:

590.063 1. The use of pumps,
dispensers or other devices which are capable of withdrawing gasoline from each
of two tanks containing different qualities of the same petroleum product or
motor vehicle fuel and dispensing them as a single
combined product must be authorized if the Division of [Measurement Standards]
Consumer Equitability of the State Department of Agriculture determines that
all the following conditions exist:

them as a single combined product must be authorized if the
Division of [Measurement Standards]Consumer Equitability of
the State Department of Agriculture determines that all the following conditions
exist:

(a) The device mechanism accurately measures the
quantities of the gasoline being simultaneously withdrawn from each of the two
tanks and the quantity dispensed.

(b) The device mechanism accurately and visibly
records and displays the resulting combined quality, the total quantity, the
price per gallon for the particular quality combination being dispensed and the
total price of the quantity of gasoline dispensed at the particular sale.

(c) The device has a locking selector mechanism
which prevents the changing of the proportion of the two qualities being
combined during the dispensing of the desired quantity.

2. The provisions of this section
authorize the operation of a blending type of pump or dispenser connected to
two tanks containing two different grades of the same product, which, if
blended together in different proportions, will produce gasoline of different
octane rating, each blend of which meets the specifications for gasoline as
required by this chapter.

Sec. 41. NRS
590.065 is hereby amended to read as follows:

590.065 1. The use of pumps,
dispensers or other devices which are capable of withdrawing gasoline from one
tank containing gasoline and another tank containing motor oil and dispensing
them as a single combined product and of withdrawing gasoline alone from the
tank containing gasoline must be authorized if the Division of [Measurement
Standards]Consumer
Equitability of the State Department of Agriculture determines
that all the following conditions exist:

(a) The device mechanism accurately measures the
quantities being simultaneously withdrawn for dispensing as a combined product
from each of the two tanks when the combined product is dispensed, and the
quantity being dispensed from the gasoline tank alone when gasoline alone is
dispensed.

(b) The device mechanism accurately and visibly
records and displays the ratio of gasoline to motor oil, the quantity of each
ingredient being dispensed, the price per gallon for gasoline being dispensed
and the price per quart for motor oil being dispensed, or accurately and
visibly records and displays the ratio of gasoline to motor oil and the total
volume of the oil and gasoline mixture delivered, and computes the total cost
based upon the price set for the finished blend.

(c) The device mechanism prevents the changing of
the ratio of gasoline to motor oil during dispensing.

(d) There is firmly attached to or painted upon
the device mechanism panel a sign or label plainly visible consisting of the
words two-cycle motor fuel together with the brand name or trademark of the
product, all of which must be in letters not less than one-half inch in height.

2. The provisions of this section
authorize the operation of a blending type of pump or dispenser connected to
two tanks, one containing motor oil and the other gasoline, but only if the
motor oil in its separate state meets the specifications for lubricating oil as
required by NRS 590.080 and the gasoline in its separate state meets the
specifications for gasoline as required by NRS 590.070.

590.073 1. It is unlawful for
any person to sell, offer for sale or assist in the sale of, or permit to be
sold or offered for sale, any aviation fuel unless such fuel conforms to the
specification standards prescribed by regulation of the State Sealer of [Weights
and Measures.]Consumer Equitability. The State Sealer of [Weights
and Measures]Consumer
Equitability may follow the specification standards set forth by
ASTM International.

2. This section does not apply to aviation
fuel for use by military aircraft.

Sec. 43. NRS
590.080 is hereby amended to read as follows:

590.080 1. Except as
otherwise provided in subsection 2, crankcase drainings, lube-distillate, or
any other petroleum product may not be sold, offered for sale, delivered,
offered for delivery or stored as a motor oil or lubricating oil for use in the
crankcase of an internal combustion engine unless it conforms to the
performance rating set forth on its container and the following specifications:

(a) It must be free from water and suspended
matter when tested by means of centrifuge, in accordance with the testing
procedures approved by the State Sealer of [Weights and Measures.] Consumer Equitability.

(b) The flash points for the various viscosity
grade classifications must not be less than the following when tested by the
Cleveland Open Cup Method in accordance with the testing procedures approved by
the State Sealer of [Weights and Measures.]Consumer Equitability. Except
as otherwise provided in this paragraph, the viscosity grade classification
number of motor or lubricating oils must conform to the latest Society of
Automotive Engineers viscosity classification. Grade numbers 60 and 70 must
conform to the requirements listed in this paragraph.

Viscosity Sayboldt Seconds

Viscosity Minimum Flash Universal
210 Degrees

Classification Degrees
Fahrenheit Fahrenheit

S.A.E. 5W 305

S.A.E. 10W 335

S.A.E. 20 and 20W 345

S.A.E. 30 355

S.A.E. 40 375

S.A.E. 50 400

Grade 60 435 110
to less than 125

Grade 70 470 125
to less than 150

2. The provisions of this section do not
apply to any oil labeled prediluted or intended only for mixture with
gasoline or other motor fuel in a two-cycle engine.

Sec. 44. NRS
590.090 is hereby amended to read as follows:

590.090 1. It is unlawful for
any person, or any officer, agent or employee thereof, to sell, offer for sale,
or assist in the sale of or permit to be sold or offered for sale any petroleum
or petroleum product to be used for heating purposes, unless the petroleum or
petroleum product conforms to the most recent standards adopted by ASTM
International.

2. All bulk storage tanks, dispensers and
petroleum tank truck compartment outlets containing or dispensing heating fuel
must be labeled with the brand name and the grade designation of the heating
fuel.

3. A person shall not use the numerical
grade designation for heating fuels adopted by ASTM International unless the
designation conforms to that designation. Persons using a designation other
than the numerical grade designation adopted by ASTM International must file
with the Division of [Measurement Standards]Consumer Equitability of
the State Department of Agriculture the designation to be used together with
its corresponding grade designation of ASTM International.

Sec. 45. NRS
590.100 is hereby amended to read as follows:

590.100 The State Sealer of [Weights
and Measures]Consumer
Equitability is charged with the proper enforcement of NRS
590.010 to 590.150, inclusive, and has the following powers and duties:

1. The State Sealer of [Weights
and Measures]Consumer
Equitability may publish reports relating to petroleum products
and motor vehicle fuel in such form and at such times as he or she deems
necessary.

2. The State Sealer of [Weights
and Measures,]Consumer Equitability, or the appointees thereof, shall
inspect and check the accuracy of all measuring devices for petroleum products
and motor vehicle fuel maintained in this State, and shall seal all such
devices whose tolerances are found to be within those prescribed by the
National Institute of Standards and Technology.

3. The State Sealer of [Weights
and Measures,]Consumer Equitability, or the appointees thereof, or any
member of the Nevada Highway Patrol, may take such samples as he or she deems
necessary of any petroleum product or motor vehicle fuel that is kept,
transported or stored within the State of Nevada. It is unlawful for any
person, or any officer, agent or employee thereof, to refuse to permit the
State Sealer of [Weights and Measures,]Consumer Equitability, or
the appointees thereof, or any member of the Nevada Highway Patrol, in the
State of Nevada, to take such samples, or to prevent or to attempt to prevent
the State Sealer of [Weights and Measures,]Consumer Equitability, or
the appointees thereof, or any member of the Nevada Highway Patrol, from taking
them. If the person, or any officer, agent or employee thereof, from which a
sample is taken at the time of taking demands payment, then the person taking
the sample shall pay the reasonable market price for the quantity taken.

4. The State Sealer of [Weights
and Measures,]Consumer Equitability, or the appointees thereof, may close
and seal the outlets of any unlabeled or mislabeled containers, pumps,
dispensers or storage tanks connected thereto or which contain any petroleum
product or motor vehicle fuel which, if sold, would violate any of the
provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a
conspicuous place on the premises where those containers, pumps, dispensers or
storage tanks have been sealed, a notice stating that the action of sealing has
been taken in accordance with the provisions of NRS 590.010 to 590.150,
inclusive, and giving warning that it is unlawful to break, mutilate or destroy
the seal or seals thereof under penalty as provided in NRS 590.110.

5. The State Sealer of [Weights
and Measures,]Consumer Equitability, or the appointees thereof, shall, upon
at least 24 hours notice to the owner, manager, operator or attendant of the
premises where a container, pump, dispenser or storage tank has been sealed,
and at the time specified in the notice, break the seal
for the purpose of permitting the removal of the contents of the container,
pump, dispenser or storage tank.

notice, break the seal for the purpose of permitting the
removal of the contents of the container, pump, dispenser or storage tank. If
the contents are not immediately and completely removed, the container, pump,
dispenser or storage tank must be again sealed.

6. The State Sealer of [Weights
and Measures]Consumer
Equitability shall adopt regulations which are necessary for the
enforcement of NRS 590.010 to 590.150, inclusive, including standard procedures
for testing petroleum products or motor vehicle fuel which are based on sources
such as those approved by ASTM International, and may adopt specifications for
any fuel for use in internal combustion engines which is sold or offered for
sale and contains any alcohol or other combustible chemical that is not a
petroleum product or motor vehicle fuel.

Sec. 46. NRS
590.110 is hereby amended to read as follows:

590.110 It is unlawful for any person
other than the State Sealer of [Weights and Measures]Consumer Equitability or
his or her appointees to break, mutilate or destroy any seal placed on any container,
pump, dispenser or storage tank by the State Sealer of [Weights and Measures]Consumer Equitability or
his or her appointees, or to cover, deface or remove, or attempt to cover,
deface or remove, any notice of sealing posted by the State Sealer of [Weights
and Measures]Consumer
Equitability or his or her appointees.

Sec. 47. NRS
590.160 is hereby amended to read as follows:

590.160 The provisions of NRS 590.160 to
590.330, inclusive, must be administered by the State Sealer of [Weights
andMeasures.] Consumer Equitability.

Sec. 48. NRS
590.322 is hereby amended to read as follows:

590.322 1. The State Sealer
of [Weights and Measures]Consumer Equitability shall
adopt regulations establishing a schedule of civil penalties for any violation
of NRS 590.160 to 590.330, inclusive.

2. In addition to any criminal penalty
that may be imposed, a person who violates any provision of NRS 590.160 to
590.330, inclusive, is subject to a civil penalty in accordance with the
schedule of civil penalties established by the State Sealer of [Weights
and Measures]Consumer
Equitability pursuant to subsection 1.

Sec. 49. NRS
590.324 is hereby amended to read as follows:

590.324 1. A person subject
to a civil penalty may request an administrative hearing within 10 days after
receipt of the notice of the civil penalty. The State Sealer of [Weights
and Measures]Consumer
Equitability or a designee thereof shall conduct the hearing
after giving appropriate notice to the respondent. The decision of the State Sealer
of [Weights and Measures]Consumer Equitability or
designee is subject to appropriate judicial review.

2. If the respondent has exhausted all
administrative appeals and the civil penalty has been upheld, the respondent
shall pay the civil penalty:

(a) If no petition for judicial review is filed
pursuant to NRS 233B.130, within 40 days after the final decision of the State
Sealer of [Weights and Measures;]Consumer Equitability; or

(b) If a petition for judicial review is filed
pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after
the effective date of the final decision of the court.

3. If the respondent fails to pay the
civil penalty, a civil action may be brought by the State Sealer of [Weights
and Measures]Consumer
Equitability in any court of competent
jurisdiction to recover the civil penalty.

Equitability in
any court of competent jurisdiction to recover the civil penalty. All civil
penalties collected pursuant to this chapter must be deposited with the State
Treasurer for credit to the State General Fund.

Sec. 50. NRS
590.380 is hereby amended to read as follows:

590.380 1. Before any
antifreeze may be sold, displayed for sale or held with intent to sell within
this State, a sample thereof must be inspected annually by the State Sealer of [Weights
and Measures.]
Consumer Equitability.

2. Upon application of the manufacturer,
packer, seller or distributor and the payment of a fee established by
regulation of the State Board of Agriculture for each brand of antifreeze
submitted, the State Sealer of [Weights and Measures]Consumer Equitability shall
inspect the antifreeze submitted. If the antifreeze:

(a) Is not adulterated or misbranded;

(b) Meets the standards of the State Sealer of [Weights
and Measures;]Consumer Equitability; and

(c) Is not in violation of NRS 590.340 to
590.450, inclusive,

Κ the State
Sealer of [Weights and Measures]Consumer Equitability shall
issue to the applicant a written permit authorizing its sale in this State for
the fiscal year in which the inspection fee is paid.

3. If the State Sealer of [Weights
and Measures]Consumer
Equitability at a later date finds that:

(a) The product to be sold, displayed for sale or
held with intent to sell has been materially altered or adulterated;

(b) A change has been made in the name, brand or
trademark under which the antifreeze is sold; or

(c) The antifreeze violates the provisions of NRS
590.340 to 590.450, inclusive,

Κ the State
Sealer of [Weights and Measures]Consumer Equitability shall
notify the applicant and the permit must be cancelled forthwith.

Sec. 51. NRS
590.400 is hereby amended to read as follows:

590.400 1. The State Sealer
of [Weights and Measures]Consumer Equitability shall
enforce the provisions of NRS 590.340 to 590.450, inclusive, by inspections,
chemical analyses or any other appropriate methods. All samples for inspection
or analysis shall be taken from stocks in the State or intended for sale in the
State, or the State Sealer of [Weights and Measures,]Consumer Equitability, through
his or her agents, may call upon the manufacturer or distributor applying for
an inspection of an antifreeze to supply such samples thereof for analysis.

2. The State Sealer of [Weights
and Measures,]Consumer Equitability, through his or her agents, shall
have free access at all reasonable times to all places of business, buildings,
vehicles, cars and vessels used in the manufacture, transportation, sale or
storage of any antifreeze, and he or she may open any box, carton, parcel or
package containing or supposed to contain any antifreeze and may take therefrom
samples for analysis. If the person, or any officer, agent or employee thereof,
from which such sample is taken, at the time of taking demands payment, the
person taking such sample shall pay the reasonable market price therefor.

Sec. 52. NRS
590.420 is hereby amended to read as follows:

590.420 The State Sealer of [Weights
and Measures]Consumer
Equitability may furnish upon request a list of the brands and
trademarks of antifreeze inspected by the State Sealer of [Weights and Measures] Consumer Equitability or his or her agents during the fiscal
year which have been found to be in accord with NRS 590.340 to 590.450,
inclusive.

Consumer
Equitability or his or her agents during the fiscal year which
have been found to be in accord with NRS 590.340 to 590.450, inclusive.

Sec. 53. NRS
590.430 is hereby amended to read as follows:

590.430 No advertising literature relating
to any antifreeze sold or to be sold in this State shall contain any statement
that the antifreeze advertised for sale has been approved by the State Sealer
of [Weights and Measures;]Consumer Equitability; but
if any antifreeze has been inspected by the State Sealer of [Weights
and Measures]Consumer
Equitability and found to meet the standards of the State Sealer
of [Weights and Measures]Consumer Equitability and
not to be in violation of NRS 590.340 to 590.450, inclusive, such statement may
be contained in any advertising literature where such brand or trademark of
antifreeze is being advertised for sale.

Sec. 54. NRS
590.440 is hereby amended to read as follows:

590.440 Whenever the State Sealer of [Weights
and Measures]Consumer
Equitability shall discover any antifreeze is being sold or has
been sold in violation of NRS 590.340 to 590.450, inclusive, the facts shall be
furnished to the district attorney of the county where the violation occurred,
who shall institute proper proceedings.

Sec. 55. NRS
590.605 is hereby amended to read as follows:

590.605 1. Whenever the Board
has reasonable grounds to believe that any applicant or licensee under NRS
590.465 to 590.645, inclusive, is violating any of the provisions of NRS
590.465 to 590.645, inclusive, or regulations or specifications adopted
hereunder, or is violating or failing to comply with any of the health and
safety laws or regulations in force in this State, or is acting or conducting
operations in any other manner which the Board deems to be inimical and not to
the best interests of the health, safety or welfare of the people of this
State, the Board may, after a hearing, suspend or revoke any or all licenses
previously issued under the provisions of NRS 590.465 to 590.645, inclusive, or
take such intermediate actions, including the imposition of fines, as it deems
appropriate under the circumstances. If the Board has reasonable grounds to
believe that a licensee is delivering a lesser quantity of gas than the
licensee bills the customer for with the intent to defraud, that fact must be
reported to the State Sealer of [Weights and Measures.] Consumer Equitability.

2. The Board shall cite the licensee, upon
notice, stating reasons and given not less than 10 days before the date set for
the hearing, to appear and show cause, if any, why the license should not be
revoked or suspended or other disciplinary action should not be taken.

3. The Board may conduct investigations,
summon and compel the attendance of witnesses, require the production of any
records or documents and provide for the taking of depositions under the Nevada
Rules of Civil Procedure in connection with such hearings.

4. If, upon hearing, the Board is
satisfied that the violation charged is true, or if the licensee fails to
appear and show cause, the Board may revoke or suspend the license summarily or
take such intermediate action, including the imposition of a fine, as it deems
appropriate. In addition to any penalties imposed pursuant to this subsection,
the licensee shall pay to the Board any costs incurred by the Board in
conducting the investigation and hearing, including:

Κ Money
received by the Board from the imposition of fines must be paid to the State
Treasurer for credit to the State General Fund. The Board may retain the money
paid to reimburse it for the costs of conducting an investigation and hearing.

5. The findings of the Board pursuant to
this section, the judgment and the order must be reduced to writing and filed
in the permanent public records of the Board. Copies must be furnished to the
licensee and the complaining customer, if any. A licensee is entitled to
judicial review of the order in the manner provided by chapter 233B of NRS.
Enforcement of the Boards order must be stayed until judicial review is
completed.

6. In any case where the Board refuses to
issue a license, or suspends or revokes a license, the applicant or accused may
submit another application for the consideration of the Board.

Sec. 56. NRS
706.276 is hereby amended to read as follows:

706.276 1. The provisions of
chapter 582 of NRS are hereby made applicable to this chapter.

2. Except as otherwise provided in
subsection 6, all vehicles required to be weighed under the provisions of this
chapter must be weighed by a public weighmaster under such rules and regulations
as may be deemed advisable by the Department and the State Sealer of [Weights
and Measures,]Consumer Equitability, and according to the provisions of
chapter 582 of NRS, except as otherwise provided herein.

3. The Department may collect a fee, not
to exceed $1, for each vehicle weighed by the Department.

4. The State Sealer of [Weights
and Measures]Consumer
Equitability from time to time, upon request of the Department,
shall appoint additional public weighmasters, according to the provisions of chapter
582 of NRS, as may be necessary to effectuate the purposes of this chapter.

5. Public weighmasters certificates
issued in states other than Nevada, when such certificates bear the seal of
such weighmaster, may be accepted by the Department as evidence of the weight
of the vehicle for which a license is applied.

6. In lieu of weighing a farm vehicle
pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

(a) Weigh the farm vehicle on a scale which has
been certified by the State Sealer of [Weights and Measures;]Consumer Equitability; and

(b) Use a printout from that scale setting forth
the declared gross weight of the farm vehicle as proof of the declared gross
weight of the farm vehicle for purposes of this chapter.

Sec. 57. The Legislative Counsel
shall, in preparing supplements to the Nevada Administrative Code,
appropriately change any references to an officer, agency or other entity whose
name is changed or whose responsibilities are transferred pursuant to the provisions
of this act to refer to the appropriate officer, agency or other entity.

Sec. 58. This act becomes
effective on July 1, 2013.

________

κ2013
Statutes of Nevada, Page 2492κ

CHAPTER 431, SB 481

Senate Bill No. 481Committee on Finance

CHAPTER 431

[Approved:
June 7, 2013]

AN ACT relating to
education; extending the prospective expiration of the temporary waiver from
certain requirements governing expenditures for textbooks, instructional
supplies, instructional software and instructional hardware by school
districts, charter schools and university schools for profoundly gifted pupils;
extending the prospective expiration of the temporary waiver from certain
requirements governing expenditures for library books, software for computers,
the purchase of equipment relating to instruction and the maintenance and
repair of equipment, vehicles, and buildings and facilities by school
districts; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires the Department of Education to
determine the amount of money that each school district, charter school and
university school for profoundly gifted pupils is required to expend during
each fiscal year on textbooks, instructional supplies, instructional software
and instructional hardware. (NRS 387.206) Existing law also authorizes the
board of trustees of a school district, the governing body of a charter school
or the governing body of a university school for profoundly gifted pupils that
is experiencing an economic hardship to submit a request to the Department for
a waiver of all or a portion of the minimum expenditure requirements. (NRS
387.2065) Assembly Bill No. 5 of the 26th Special Session provided a temporary
waiver for the 2009-2011 biennium from these requirements without requiring the
school districts, charter schools or university schools for profoundly gifted
pupils to submit a request for such a waiver. (Chapter 6, Statutes of Nevada
2010, 26th Special Session, p. 41) The 2011 Legislative Session extended the
temporary waiver from these minimum expenditure requirements for the 2011-2013
biennium. This temporary waiver is scheduled to expire on June 30, 2013.
(Chapter 417, Statutes of Nevada 2011, p. 2569) This bill extends the
prospective expiration of the temporary waiver to June 30, 2015, thereby
extending the temporary waiver from the minimum expenditure requirements for
the 2013-2015 biennium.

Existing law requires each school district to expend each
school year for library books, software for computers, the purchase of
equipment relating to instruction and the maintenance and repair of equipment,
vehicles, and buildings and facilities an amount of money, expressed as an
amount per pupil, that is at least equal to the average of the total amount of
money that was expended per year for those items in the immediately preceding 3
years. (NRS 387.207) The 2011 Legislative Session provided a temporary waiver
for the 2011-2013 biennium to each school district from these minimum
expenditure requirements, which is scheduled to expire on June 30, 2013.
(Chapter 417, Statutes of Nevada 2011, p. 2569) This bill extends the
prospective expiration of the temporary waiver to June 30, 2015, thereby
extending the temporary waiver from the minimum expenditure requirements for
the 2013-2015 biennium.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Section
1 of chapter 6, Statutes of Nevada 2010, 26th Special Session, as amended by
chapter 417, Statutes of Nevada 2011, at page 2569, is hereby amended to
read as follows:

Section 1. 1. Notwithstanding
the provisions of NRS 387.206, 387.2065 and 387.207 to the contrary for the [2011-2013] 2013-2015 biennium:

(a) The Department of
Education is not required to comply with the provisions of NRS 387.206 and
387.2065.

(b) Each school
district, charter school and university school for profoundly gifted pupils is
not required to comply with the provisions governing the minimum amount of
money that must be expended for each fiscal year in that biennium for
textbooks, instructional supplies, instructional software and instructional
hardware as prescribed pursuant to NRS 387.206 and is not required to submit a
request for a waiver pursuant to NRS 387.2065. The restrictions on the use of
the money that would have otherwise been expended by the school district,
charter school or university school for profoundly gifted pupils to meet the
requirements of NRS 387.206 as set forth in subsection 7 of NRS 387.2065 apply
during this period.

(c) Each school
district is not required to comply with the provisions governing the minimum
amount of money that must be expended for each school year in that biennium for
library books, software for computers, the purchase of equipment relating to
instruction and the maintenance and repair of equipment, vehicles, and
buildings and facilities as prescribed pursuant to NRS 387.207.

2. If, before
the effective date of this act, the board of trustees of a school district, the
governing body of a charter school or the governing body of a university school
for profoundly gifted pupils submitted a request for a waiver pursuant to NRS
387.2065, the Department of Education shall return the request to the
applicant.

Sec. 2. Section
2 of chapter 6, Statutes of Nevada 2010, 26th Special Session, as amended by
chapter 417, Statutes of Nevada 2011, at page 2569, is hereby amended to
read as follows:

Sec. 2. This
act becomes effective upon passage and approval and applies retroactively from
and after July 1, 2009, and expires by limitation on June 30, [2013.] 2015.

Sec. 3. (Deleted by amendment.)

Sec. 4. This act becomes effective
upon passage and approval.

________

κ2013
Statutes of Nevada, Page 2494κ

CHAPTER 432, SB 490

Senate Bill No. 490Committee on Finance

CHAPTER 432

[Approved:
June 7, 2013]

AN ACT relating to
governmental administration; transferring authority for the Supplemental Food
Program from the Administrator of the Purchasing Division of the Department of
Administration to the Director of the State Department of Agriculture;
abolishing the account used by the Administrator to administer that Program;
creating a new account for the use of the Director to administer the Program;
and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires the Administrator of the Purchasing
Division of the Department of Administration to establish and administer a
Supplemental Food Program to supplement the supply of food and the services
provided by programs which provide food to indigent persons. (NRS 333.225)
Existing law further creates the Donated Commodities Account in the State
General Fund for the use of the Administrator in administering the Supplemental
Food Program. (NRS 333.124) Section 6 of this bill repeals the
provisions governing the establishment and administration of the Supplemental
Food Program by the Administrator and creation of the Donated Commodities
Account for the use of the Administrator in administering the Program. Sections
3 and 5 of this bill transfer the powers and duties concerning establishing
and administering the Supplemental Food Program and the use of the Donated
Commodities Account from the Administrator of the Purchasing Division to the
Director of the State Department of Agriculture. Section 4 of this bill
authorizes the Director to donate certain commodities to organizations created
for religious, charitable or educational purposes.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 333.195 is hereby amended
to read as follows:

333.195 [1.] The Administrator may
donate [commodities,] supplies, materials and
equipment that he or she determines have reached the end of their useful lives
to any organization described in NRS 372.3261.

[2. If the Administrator donates such commodities
to a tax-supported or nonprofit school or other health or educational
institution pursuant to subsection 1, the provisions of subsection 2 of NRS
333.124 do not apply.]

Sec. 2. Chapter
561 of NRS is hereby amended by adding thereto the provisions set forth as
sections 3, 4 and 5 of this act.

Sec. 3. 1. The Donated Commodities Account is hereby
created in the State General Fund for the use of the Director in acquiring
commodities donated by the Federal Government and its agencies and to purchase
and distribute nutritious food in accordance with section 5 of this act.

2. Except as otherwise provided in section
4 of this act, if a tax-supported or nonprofit school or other health or
educational institution receives a donated commodity secured through the
Department, the Director shall charge the
school or institution a fee in an amount sufficient to repay part or all of the
cost of transportation and other costs incurred in acquiring the commodity.

Director shall
charge the school or institution a fee in an amount sufficient to repay part or
all of the cost of transportation and other costs incurred in acquiring the
commodity.

3. All money received by the Director pursuant to this
section must be deposited in the State Treasury for credit to the Donated
Commodities Account. The interest and income earned on the money in the Account
must be credited to the Account.

4. Costs
of freight, storage, handling charges and other administrative expenses,
including compensation of Department personnel,
incidental to the acquisition of the donated commodities and the administration
of the Supplemental Food Program may be paid from the Donated Commodities
Account.

Sec. 4. The Director may donate commodities that he or she
determines have reached the end of their useful lives to any organization
described in NRS 372.3261.

Sec. 5. 1. The Director shall establish a Supplemental
Food Program to supplement the supply of food and the services provided by
programs which provide food to indigent persons, including, without limitation,
a food bank, emergency food pantry, soup kitchen and homeless shelter.

2. The
Director may solicit and accept any gift, grant or donation for the Program.
Upon receipt of any gift, grant or donation of money, the amount received must
be deposited in the Donated Commodities Account created by section 3 of this
act. Gifts, grants or donations deposited in the Account must be used in the
same manner as other money in the Account.

3. The
Director may maintain and operate central supply services at any center,
including a central warehouse or storeroom service.

4. In
carrying out the Program, the Director shall purchase and distribute nutritious
food to persons in this State who cannot afford to purchase that food. Except
as otherwise provided in subsection 2 of section 3 of this act, the money in
the Account must be used in the following proportions:

(a) Not
less than 95 percent must be used to purchase and distribute nutritious foods
which are infrequently donated or which will supplement the food which is
donated, including, but not limited to, peanut butter, tuna fish, fruit,
vegetables, dry milk and stew; and

(b) Any
remainder may be used to provide educational information regarding nutrition
and the purchase and preparation of food.

Sec. 6. NRS 333.124 and 333.225
are hereby repealed.

Sec. 7. 1. Any contract
or other agreement entered into by an officer, agency or other entity whose
responsibilities have been transferred pursuant to the provisions of this act
to another officer, agency or other entity are binding upon the officer, agency
or other entity to which the responsibility for the administration of the
provision of the contract or other agreement has been transferred. The contract
or other agreement may be enforced by the officer, agency or other entity to
which the responsibility for the enforcement of the provisions of the contract
or other agreement has been transferred.

2. Any action taken by an officer, agency or
other entity whose responsibilities have been transferred pursuant to the
provisions of this act to another officer, agency or other entity remains in
effect as if taken by the officer, agency or other entity to which the
responsibility for the enforcement of those actions has been transferred.

Sec. 8. As soon as practicable
after July 1, 2013, at the time the Donated Commodities Account in the State
General Fund established by NRS 333.124 is abolished, the State Treasurer shall
ensure that the uncommitted balance in that Account is transferred to the
Donated Commodities Account in the State General Fund created by section 3 of
this act.

Sec. 9. This act becomes effective
on July 1, 2013.

________

CHAPTER 433, AB 58

Assembly Bill No. 58Committee on Government Affairs

CHAPTER 433

[Approved:
June 7, 2013]

AN ACT relating to
veterans; making the Office of Veterans Services the Department of Veterans
Services; creating the Interagency Council on Veterans Affairs; revising
provisions relating to donations for veterans homes; requiring the Division of
State Parks of the State Department of Conservation and Natural Resources to
issue annual permits for the free use of state parks and other recreational
areas to certain veterans; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Under existing law, the Office of Veterans Services has
various duties and powers relating to veterans and servicemen and servicewomen
and their dependents in Nevada, including assisting them with obtaining
benefits to which they are entitled and any services that they require and
providing administrative oversight of veterans homes and veterans cemeteries in
Nevada. (Chapter 417 of NRS) Section 14 of this bill changes the Office
to the Department of Veterans Services, a state department. Accordingly, the
Executive Director and Deputy Executive Director of the Office become the
Director and Deputy Director of the Department, respectively. The Nevada
Veterans Services Commission will now advise the Department instead of the
Office. (NRS 417.190) Sections 1-7, 13, 15-33, 45 and 48-50 of this bill
make conforming changes.

In 2012, the Governor established by executive order the
Interagency Council on Veterans Affairs. (Executive Order 2012-15 (7-3-2012))
The Council was charged with identifying and prioritizing the needs of Nevadas
veterans, working toward increasing the coordination of the efforts of public
and private agencies to meet those needs and preparing a report of its findings
and recommendations by December 31, 2013, for submission to the Governor. Section
10 of this bill creates the Council in statute and prescribes its
membership, which includes ex officio members and members appointed by the
Governor. Section 11 of this bill requires the Council to hold meetings
at least once every 3 months. Section 12 of this bill prescribes issues
for the Council to study and requires the Council to submit a report of its
findings and recommendations to each regular session of the Legislature.

The Gift Account for Veterans Homes is established under
existing law to receive gifts of money or personal property which a donor has
restricted to one or more uses at a veterans home. (NRS 417.145) As a result of
the authorization of the creation of a veterans home in northern Nevada in section
55 of this bill, section 23 of this bill changes the existing Gift
Account for Veterans Homes to the Gift Account for the Veterans Home in
Southern Nevada to be used for the deposit of gifts which donors have restricted
to use at that home. Section 23 also creates the Gift Account for the Veterans Home in Northern Nevada
to be used for the deposit of gifts which donors have restricted to use at this
new veterans home.

Veterans Home in Northern Nevada to be used for the deposit of
gifts which donors have restricted to use at this new veterans home. Sections
37-44 and 47 of this bill make conforming changes.

Under existing law, the Division of State Parks of the
State Department of Conservation and Natural Resources is required to issue an
annual permit for the free use of all state parks and recreational areas in
this State to persons who are 65 years of age or older and who meet certain
residency requirements. (NRS 407.065) Section 46 of this bill extends
this same benefit to a veteran with a permanent service-connected disability of
10 percent or more who received an other than dishonorable discharge from the
Armed Forces of the United States and who is a resident of Nevada.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
417 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 12, inclusive, of this act.

Sec. 2. As used in this chapter, unless the context otherwise requires,
the words and terms defined in NRS 417.010 and sections 3 to 6, inclusive, of
this act have the meanings ascribed to them in those sections.

Sec. 3. Department means the Department of Veterans Services
created by NRS 417.020.

Sec. 7. The Director may adopt such regulations as are necessary to
carry out the provisions of this chapter.

Secs. 8 and 9. (Deleted by amendment.)

Sec. 10. 1. The Interagency Council on Veterans Affairs
is hereby created. The Council consists of:

(a) The
Director of the Department of Business and Industry;

(b) The
Director of the Department of Corrections;

(c) The Director of the Department of Employment,
Training and Rehabilitation;

(d) The
Director of the Department of Health and Human Services;

(e) The
Director of the Department of Public Safety;

(f) The
Director of the Department of Veterans Services;

(g) The
Adjutant General;

(h) The Chancellor of the Nevada System of Higher
Education;

(i) The Executive Director of the Office of Economic
Development;

(j) The
Executive Director of the Nevada Indian Commission; and

(k) Any
other persons appointed by the Governor, including, without limitation,
representatives of federal and local governmental agencies and private entities
that provide services to veterans. Members appointed pursuant to this paragraph
serve at the pleasure of the Governor.

2. A member of the Council may designate a person to represent
him or her at any meeting of the Council. The person designated may exercise
all the duties, rights and privileges of the member that he or she represents.

Sec. 11. 1. The members of the Council shall elect a Chair and a Vice
Chair. The Vice Chair presides in the absence of the Chair.

2. The
Council shall meet at least once each quarter
but may meet more often at the call of the Chair or a majority of the members
of the Council.

3. Members of the Council serve without compensation, except
that each member of the Council is entitled, while engaged in the business of
the Council, to receive the per diem allowance and travel expenses provided for
state officers and employees generally. The per diem allowance and travel
expenses provided to a member of the Council who is an officer or employee of
the State of Nevada or a political subdivision of this State must be paid by
the state agency or political subdivision which employs him or her.

4. Each
member of the Council who is an officer or employee of the State of Nevada or a
political subdivision of this State must be relieved from his or her duties
without loss of regular compensation so that the member may prepare for and
attend meetings of the Council and perform any work necessary to carry out the
duties of the Council in the most timely manner practicable. A state agency or
political subdivision of this State shall not require an officer or employee
who is a member of the Council to make up the time that he or she is absent
from work to carry out his or her duties as a member of the Council or to use
annual vacation or compensatory time for the absence.

5. A
majority of the members of the Council constitutes a quorum, and a quorum may
exercise all the powers conferred on the Council.

Sec. 12. The Interagency Council on Veterans Affairs shall:

1. Identify
and prioritize the needs of veterans and servicemen and servicewomen and their
families in this State.

2. Study
the coordination of the efforts of the Federal Government, State Government,
local governments and private entities to meet the needs of veterans and
servicemen and servicewomen and their families in this State.

3. On
or before February 15 of each year, submit a report concerning the activities
of the Council during the preceding calendar year and any recommendations of
the Council to the Governor and the Director of the Legislative Counsel Bureau
for transmittal to:

(a) If
the Legislature is in session, the standing committees of the Legislature which
have jurisdiction of the subject matter; or

(b) If
the Legislature is not in session, the Legislative Commission.

Sec. 13. NRS
417.010 is hereby amended to read as follows:

417.010 [As used in this chapter,
unless the context otherwise requires:

1.] Administrator
means the administrator of a veterans home in this State.

3. The
Executive Director shall serve as the Director of the Office of Veterans
Services and is responsible for the performance of the duties imposed upon the
Office, and for such other duties as may be prescribed by this chapter.

4. The
Executive Director may adopt such regulations as are necessary to carry out the
provisions of this chapter.]The Department is vested with the powers and authority
provided in this chapter and shall carry out the purposes of this chapter.

Sec. 15. NRS
417.030 is hereby amended to read as follows:

417.030 1. The office of Director of the Department
of Veterans Services is hereby created.

2. The
[Executive] Director [and Deputy Executive
Director] must be appointed by and serves at the pleasure of the Governor.

[2.] 3.The Director shall appoint one Deputy Director of the
Department, who shall assist the Director in performing the duties prescribed
in this chapter.

4. Any
person to be eligible for appointment as the [Executive]
Director or the Deputy [Executive] Director must:

(a) Be an actual and bona fide resident of the
State of Nevada;

(b) Possess an honorable discharge from some
branch of the military and naval service of the United States; and

(c) Have at least 4 years of experience in
management or administration.

Sec. 16. NRS
417.035 is hereby amended to read as follows:

417.035 The [Executive]
Director shall execute and deliver to the Secretary of State his or her
official bond in the penal sum of $500,000 with a corporate surety licensed to
do business in this State, conditioned to ensure his or her faithful discharge
of responsibilities as guardian of the estates of those veterans and dependents
for whom he or she acts. A separate bond for each estate is not required.

Sec. 17. NRS
417.060 is hereby amended to read as follows:

417.060 The [Executive]
Director and the Deputy [Executive] Director are in the
unclassified service of the State. Except as otherwise provided in NRS 284.143,
each shall devote his or her entire time and attention to the business of his
or her office and shall not pursue any other business or occupation or hold any
other office of profit.

Sec. 18. NRS
417.070 is hereby amended to read as follows:

417.070 1. The office of the [Executive]
Director must be located in the same city where the state regional office of
the United States Department of Veterans Affairs maintains its state
administrative bureau, and if that office is discontinued in the State of
Nevada, then at such place as the Governor may designate.

2. The office of the Deputy [Executive]
Director must be maintained at Las Vegas, Nevada.

[3. The Deputy Executive Director shall report to
the Executive Director and shall assist the Executive Director in performing
the duties prescribed in this chapter.]

Sec. 19. NRS
417.080 is hereby amended to read as follows:

417.080 1. The [Executive]
Director:

(a) May employ such clerical and stenographic
assistance as necessary.

(b) May purchase necessary office equipment and
supplies.

(c) Is entitled to receive necessary travel and
miscellaneous administrative expenses in the administration of this chapter.

2. All clerical and stenographic services,
office equipment and supplies, travel expenses at the same rate as other state
officers and miscellaneous administrative expenses and salaries must be paid at
the time and in the manner that similar claims and expenses of other state
departments and officers are paid, but:

(a) All expenses must be within the limits of the
appropriation made for the purposes of this chapter; and

(b) The salaries and compensation of clerks and
stenographers must be at the same rate as that provided by law for clerks and
stenographers in other state departments.

Sec. 20. NRS
417.090 is hereby amended to read as follows:

417.090 The [Executive]
Director and the Deputy [Executive] Director shall:

1. Assist veterans, and those presently
serving in the military and naval forces of the United States who are residents
of the State of Nevada, their wives, widows, widowers, husbands, children,
dependents, administrators, executors and personal representatives, in
preparing, submitting and presenting any claim against the United States, or
any state, for adjusted compensation, hospitalization, insurance, pension,
disability compensation, vocational training, education or rehabilitation and
assist them in obtaining any aid or benefit to which they may, from time to
time, be entitled under the laws of the United States or of any of the states.

2. Aid, assist, encourage and cooperate
with every nationally recognized service organization insofar as the activities
of such organizations are for the benefit of veterans, servicemen and
servicewomen.

3. Give aid, assistance and counsel to
each and every problem, question and situation, individual as well as
collective, affecting any veteran, serviceman or servicewoman, or their
dependents, or any group of veterans, servicemen and servicewomen, when in
their opinion such comes within the scope of this chapter.

4. Coordinate activities of veterans
organizations.

5. Serve as a clearinghouse and
disseminate information relating to veterans benefits.

6. Conduct any studies which will assist
veterans to obtain compensation, hospitalization, insurance, pension,
disability compensation, vocational training, education, rehabilitation or any
other benefit to which veterans may be entitled under the laws of the United
States or of any state.

7. Aid, assist and cooperate with the
office of coordinator of services for veterans created in a county pursuant to
NRS 244.401.

8. Pay to each county that creates the
office of coordinator of services for veterans, from state money available to
him or her, a portion of the cost of operating the office in an amount
determined by the [Executive] Director.

9. Take possession of any abandoned or
unclaimed artifacts or other property that has military value for safekeeping.
The [Executive] Director or Deputy [Executive]
Director may transfer such property to a veterans or military museum.

Sec. 21. NRS
417.100 is hereby amended to read as follows:

417.100 The [Executive]
Director and the Deputy [Executive] Director may:

1. Administer oaths to any person whose
acknowledgment may become necessary in the prosecution of any claim for
compensation, hospitalization, insurance or other aid or benefits.

2. Certify to the correctness of any
document or documents which may be submitted in connection with any such
application.

Sec. 22. NRS
417.105 is hereby amended to read as follows:

417.105 1. Each year on or
before October 1, the [Office of Veterans Services]Department shall review
the reports submitted pursuant to NRS 333.3368 and 338.13846.

2. In carrying out the provisions of
subsection 1, the [Office of Veterans Services]Department shall seek
input from:

(a) The Purchasing Division of the Department of
Administration.

(b) The State Public Works Board of the State
Public Works Division of the Department of Administration.

(c) The Office of Economic Development.

(d) Groups representing the interests of veterans
of the Armed Forces of the United States.

(e) The business community.

(f) Local businesses owned by veterans with
service-connected disabilities.

3. After performing the duties described
in subsections 1 and 2, the [Office of Veterans Services]Department shall make
recommendations to the Legislative Commission regarding the continuation,
modification, promotion or expansion of the preferences for local businesses
owned by veterans with service-connected disabilities which are described in
NRS 333.3366 and 338.13844.

4. As used in this section:

(a) Business owned by a veteran with a
service-connected disability has the meaning ascribed to it in NRS 338.13841.

(b) Local business has the meaning ascribed to
it in NRS 333.3363.

(c) Veteran with a service-connected disability
has the meaning ascribed to it in NRS 338.13843.

Sec. 23. NRS
417.145 is hereby amended to read as follows:

417.145 1. The Veterans Home
Account is hereby established in the State General Fund.

2. Money received from:

(a) Payments made by the United States Department
of Veterans Affairs for veterans who receive care in a veterans home;

(b) Other payments for medical care and services;

(c) Appropriations made by the Legislature for
veterans homes;

(d) Federal grants and other money received
pursuant to paragraph (c) of subsection 1 of NRS 417.147;

(e) Money collected pursuant to the schedule of
rates established pursuant to subsection 2 of NRS 417.147 for occupancy of
rooms at veterans homes; and

(f) Except as otherwise provided in [subsection
7,]subsections
7 and 8, gifts of money and proceeds derived from the sale of
gifts of personal property for the use of veterans homes, if the use of those
gifts has not been restricted by the donor,

Κ must be
deposited with the State Treasurer for credit to the Veterans Home Account.

3. Interest and income must not be
computed on the money in the Veterans Home Account.

4. The Veterans Home Account must be
administered by the [Executive] Director, with the advice of
the administrators, and except as otherwise provided in
paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the
Veterans Home Account may only be expended for:

otherwise provided in paragraph (c) of subsection 1 of NRS
417.147, the money deposited in the Veterans Home Account may only be expended
for:

(a) The establishment, management, maintenance
and operation of veterans homes;

(b) A program or service related to a veterans
home;

(c) The solicitation of other sources of money to
fund a veterans home; and

(d) The purpose of informing the public about
issues concerning the establishment and uses of a veterans home.

5. Except as otherwise provided in [subsection
7,]subsections
7 and 8, gifts of personal property for the use of veterans
homes:

(a) May be sold or exchanged if the sale or
exchange is approved by the State Board of Examiners; or

(b) May be used in kind if the gifts are not
appropriate for conversion to money.

6. All money in the Veterans Home Account
must be paid out on claims approved by the [Executive]
Director as other claims against the State are paid.

7. The Gift Account for the Veterans [Homes]Home in Southern Nevada is
hereby established in the State General Fund. Gifts of money or personal
property which the donor has restricted to one or more uses at [a]the veterans home in southern Nevada must be
used only in the manner designated by the donor. Gifts of money which the donor
has restricted to one or more uses at [a]this veterans home must be
deposited with the State Treasurer for credit to the Gift Account for the Veterans [Homes.]Home in Southern Nevada. The
interest and income earned on the money in the Gift Account for the Veterans [Homes,]Home in Southern Nevada, after
deducting any applicable charges, must be credited to the Gift Account for the Veterans [Homes.]Home in Southern Nevada. Any
money remaining in the Gift Account for the Veterans [Homes]Home in Southern Nevada at
the end of each fiscal year does not lapse to the State General Fund, but must
be carried forward into the next fiscal year.

8. The Gift Account for the Veterans Home in Northern Nevada is
hereby established in the State General Fund. Gifts of money or personal
property which the donor has restricted to one or more uses at the veterans
home in northern Nevada must be used only in the manner designated by the
donor. Gifts of money which the donor has restricted to one or more uses at
this veterans home must be deposited with the State Treasurer for credit to the
Gift Account for the Veterans Home in Northern Nevada. The interest and income
earned on the money in the Gift Account for the Veterans Home in Northern
Nevada, after deducting any applicable charges, must be credited to the Gift
Account for the Veterans Home in Northern Nevada. Any money remaining in the
Gift Account for the Veterans Home in Northern Nevada at the end of each fiscal
year does not lapse to the State General Fund, but must be carried forward into
the next fiscal year.

9. The
Gift Account for Veterans is hereby created in the State General Fund. The [Executive]
Director shall administer the Gift Account for Veterans. The money deposited in
the Gift Account for Veterans pursuant to NRS 482.3764 may only be used for the
support of outreach programs or services for veterans and their families, or
both, as determined by the [Executive] Director. The interest and
income earned on the money in the Gift Account for
Veterans, after deducting any applicable charges, must be credited to the Gift
Account for Veterans.

Gift Account for Veterans, after deducting any applicable
charges, must be credited to the Gift Account for Veterans. All money in the
Gift Account for Veterans must be paid out on claims approved by the [Executive]
Director as other claims against the State are paid. Any money remaining in the
Gift Account for Veterans at the end of each fiscal year does not lapse to the
State General Fund, but must be carried forward into the next fiscal year.

[9.]10. The [Executive]
Director shall, on or before August 1 of each year, prepare and submit to the
Interim Finance Committee a report detailing the expenditures made from the
Gift Account for the Veterans
[Homes]Home in Southern Nevada, the Gift Account for the Veterans
Home in Northern Nevada and the Gift Account for Veterans.

Sec. 24. NRS
417.147 is hereby amended to read as follows:

417.147 1. The [Executive]
Director shall:

(a) Appoint an administrator for each veterans
home in this State. Each administrator must be licensed as a nursing facility
administrator pursuant to NRS 654.170.

(b) Take such other actions as are necessary for
the management, maintenance and operation of veterans homes in this State,
including, without limitation, establishing and implementing rules, policies
and procedures for such management, maintenance and operation.

(c) Apply for federal grants and other sources of
money available for establishing veterans homes. A federal grant must be used
only as permitted by the terms of the grant.

2. With the advice of the Nevada Veterans
Services Commission, the [Executive] Director shall, on or before
April 1 of each calendar year, recommend to the State Board of Examiners a
schedule of rates to be charged for occupancy of rooms at each veterans home in
this State during the following fiscal year. The State Board of Examiners shall
establish the schedule of rates. In setting the rates, the State Board of
Examiners shall consider the recommendations of the [Executive]
Director, but is not bound to follow the recommendations of the [Executive]
Director.

3. The first veterans home that is
established in this State must be established at a location in southern Nevada
determined to be appropriate by the Interim Finance Committee. The Interim
Finance Committee shall give preference to a site that is zoned appropriately
for the establishment of a veterans home, that affords minimum costs of
maintenance and that is located in an area where the members of the families of
the veterans can easily visit the veterans home. The site for the construction
of the veterans home in southern Nevada must be:

(a) Located in reasonable proximity to:

(1) A public transportation system;

(2) Shopping centers; and

(3) A major hospital that has a center for
the treatment of trauma which is designated as a level II center by the
Administrator of the Health Division of the Department of Health and Human
Services.

(b) Not less than 5 acres in area.

4. If an additional veterans home is
authorized, it must be established in northern Nevada.

Sec. 25. NRS
417.148 is hereby amended to read as follows:

417.148 1. A revolving
account up to the amount of $2,000 is hereby created for each veterans home,
and may be used for the payment of bills of the veterans home requiring
immediate payment and for no other purpose.

The administrator of a veterans home shall deposit the money
for the revolving account for the veterans home in a bank, credit union or
savings and loan association qualified to receive deposits of public money. The
revolving account must be under the control of the administrator of the
veterans home for which the account was created.

2. The [Executive]
Director may transfer such amounts of money from the Veterans Home Account to a
revolving account as the [Executive] Director determines necessary
provided that the balance in the revolving account does not exceed $2,000.

(a) Three members who are representatives of
nationally recognized veterans organizations and who possess honorable
discharges from some branch of the military and naval service of the United
States.

(b) Two members who are representatives of the
general public.

3. The Chair of the Advisory Committee for
a Veterans Cemetery in Northern Nevada and the Chair of the Advisory Committee
for a Veterans Cemetery in Southern Nevada shall each appoint one member from
their respective committees to serve as a member of the Commission. Each member
so appointed must be a representative of a nationally recognized veterans
organization and possess an honorable discharge from some branch of the
military and naval service of the United States.

4. The Majority Leader of the Senate shall
appoint one member of the Senate to serve as a member of the Commission.

5. The Speaker of the Assembly shall
appoint one member of the Assembly to serve as a member of the Commission.

6. The Governor may remove a member of the
Commission at any time for failure to perform his or her duties, malfeasance or
other good cause.

7. The term of office of each member is 2
years.

8. If a vacancy occurs in the membership
of those members appointed pursuant to paragraph (a) of subsection 2, the
Governor shall fill the vacancy from among the names of qualified nominees
provided to the Governor in writing by the [Executive]
Director.

Sec. 27. NRS
417.160 is hereby amended to read as follows:

417.160 1. The Nevada
Veterans Services Commission shall annually choose one of its members to serve
as Chair and one of its members to serve as Vice Chair.

2. The [Executive]
Director shall provide for the preparation and maintenance of written minutes
for and audio recordings or transcripts of each meeting of the [Veterans
Services] Commission.

3. Members of the [Veterans Services]
Commission are entitled to receive:

(a) A salary of not more than $80 per day, as
fixed by the [Executive] Director, while engaged in
the business of the Commission.

(b) A subsistence allowance of not more than $56
per day, as fixed by the [Executive] Director, and actual expenses
for transportation, while traveling on business of the Commission.

2. Make recommendations to the Governor,
the Legislature, the [Executive] Director and the Deputy [Executive]
Director regarding aid or benefits to veterans.

Sec. 29. NRS
417.200 is hereby amended to read as follows:

417.200 1. The [Executive]
Director shall establish, operate and maintain a veterans cemetery in northern
Nevada and a veterans cemetery in southern Nevada, and may, within the limits
of legislative authorization, employ personnel and purchase equipment and
supplies necessary for the operation and maintenance of the cemeteries. The [Executive]
Director shall employ a cemetery superintendent to operate and maintain each
cemetery.

2. The cemetery superintendent shall
ensure that the area immediately above and surrounding the interred remains in
each veterans cemetery is landscaped with natural grass.

3. A person desiring to provide voluntary
services to further the establishment, maintenance or operation of either of
the cemeteries shall submit a written offer to the cemetery superintendent
which describes the nature of the services. The cemetery superintendent shall
consider all such offers and approve those he or she deems appropriate. The
cemetery superintendent shall coordinate the provision of all services so
approved.

Sec. 30. NRS
417.210 is hereby amended to read as follows:

417.210 1. A veteran who is
eligible for interment in a national cemetery pursuant to the provisions of 38
U.S.C. § 2402 is eligible for interment in a veterans cemetery in this State.

2. An eligible veteran, or a member of his
or her immediate family, or a veterans organization recognized by the [Executive]
Director may apply for a plot in a cemetery for veterans in this State by
submitting a request to the cemetery superintendent on a form to be supplied by
the cemetery superintendent. The cemetery superintendent shall assign available
plots in the order in which applications are received. A specific plot may not
be reserved before it is needed for burial. No charge may be made for a plot or
for the interment of a veteran.

3. One plot is allowed for the interment
of each eligible veteran and for each member of his or her immediate family,
except where the conditions of the soil or the number of the decedents of the
family requires more than one plot.

4. The [Executive]
Director shall charge a fee for the interment of a family member, but the fee
may not exceed the actual cost of interment.

5. As used in this section, immediate
family means the spouse, minor child or, when the [Executive]
Director deems appropriate, the unmarried adult child of an eligible veteran.

Sec. 31. NRS
417.220 is hereby amended to read as follows:

417.220 1. The Account for
Veterans Affairs is hereby created in the State General Fund.

2. Money received by the [Executive]
Director or the Deputy [Executive] Director from:

(a) Fees charged pursuant to NRS 417.210;

(b) Allowances for burial from the United States Department
of Veterans Affairs or other money provided by the Federal Government for the
support of veterans cemeteries;

(c) Receipts from the sale of gifts and general
merchandise;

(d) Grants obtained by the [Executive]
Director or the Deputy [Executive] Director for the support of
veterans cemeteries; and

(e) Except as otherwise provided in subsection 6
and NRS 417.145 and 417.147, gifts of money and proceeds derived from the sale
of gifts of personal property that he or she is authorized to accept, if the
use of such gifts has not been restricted by the donor,

Κ must be
deposited with the State Treasurer for credit to the Account for Veterans
Affairs and must be accounted for separately for a veterans cemetery in
northern Nevada or a veterans cemetery in southern Nevada, whichever is
appropriate.

3. The interest and income earned on the
money deposited pursuant to subsection 2, after deducting any applicable
charges, must be accounted for separately. Interest and income must not be
computed on money appropriated from the State General Fund to the Account for
Veterans Affairs.

4. The money deposited pursuant to
subsection 2 may only be used for the operation and maintenance of the cemetery
for which the money was collected. In addition to personnel he or she is
authorized to employ pursuant to NRS 417.200, the [Executive]
Director may use money deposited pursuant to subsection 2 to employ such
additional employees as are necessary for the operation and maintenance of the
cemeteries, except that the number of such additional full-time employees that
the [Executive] Director may employ at each
cemetery must not exceed 60 percent of the number of full-time employees for
national veterans cemeteries that is established by the National Cemetery
Administration of the United States Department of Veterans Affairs.

5. Except as otherwise provided in
subsection 7, gifts of personal property which the [Executive]
Director or the Deputy [Executive] Director is authorized to
receive but which are not appropriate for conversion to money may be used in
kind.

6. The Gift Account for Veterans
Cemeteries is hereby created in the State General Fund. Gifts of money that the
[Executive] Director or the Deputy [Executive]
Director is authorized to accept and which the donor has restricted to one or
more uses at a veterans cemetery must be accounted for separately in the Gift
Account for Veterans Cemeteries. The interest and income earned on the money
deposited pursuant to this subsection must, after deducting any applicable
charges, be accounted for separately for a veterans cemetery in northern Nevada
or a veterans cemetery in southern Nevada, as applicable. Any money remaining
in the Gift Account for Veterans Cemeteries at the end of each fiscal year does
not revert to the State General Fund, but must be carried over into the next
fiscal year.

7. The [Executive]
Director or the Deputy [Executive] Director shall use gifts of
money or personal property that he or she is authorized to accept and for which
the donor has restricted to one or more uses at a veterans cemetery in the
manner designated by the donor, except that if the original purpose of the gift
has been fulfilled or the original purpose cannot be fulfilled for good cause,
any money or personal property remaining in the gift may be used for other
purposes at the veterans cemetery in northern Nevada or the veterans cemetery
in southern Nevada, as appropriate.

Sec. 32. NRS
417.230 is hereby amended to read as follows:

417.230 1. There are hereby
created the Advisory Committee for a Veterans Cemetery in Northern Nevada and
the Advisory Committee for a Veterans Cemetery in Southern Nevada, each
consisting of seven members as follows:

(a) One member of the Senate, appointed by the
Majority Leader of the Senate.

(b) One member of the Assembly, appointed by the
Speaker of the Assembly.

(c) Five members of veterans organizations in
this State, appointed by the Governor.

2. The members of the Committees shall
serve terms of 2 years.

3. Each Committee shall annually elect a
Chair and a Vice Chair from among its members.

4. Each Committee shall meet at least 4
times a year.

5. Any legislative member of a Committee
who is not a candidate for reelection or who is defeated for reelection
continues to serve after the general election until the next regular or special
session of the Legislature convenes.

6. While engaged in the work of the
Committee, each member of each Committee is entitled to receive the per diem
allowances and travel expenses provided for state officers and employees
generally.

7. The [Executive]
Director shall consult with each Committee regarding the establishment,
maintenance and operation of the veterans cemetery for which the Committee was
created.

Sec. 33. NRS
120A.610 is hereby amended to read as follows:

120A.610 1. Except as
otherwise provided in subsections 4 to 8, inclusive, all abandoned property
other than money delivered to the Administrator under this chapter must, within
2 years after the delivery, be sold by the Administrator to the highest bidder
at public sale in whatever manner affords, in his or her judgment, the most
favorable market for the property. The Administrator may decline the highest
bid and reoffer the property for sale if the Administrator considers the bid to
be insufficient.

2. Any sale held under this section must
be preceded by a single publication of notice, at least 3 weeks before sale, in
a newspaper of general circulation in the county in which the property is to be
sold.

3. The purchaser of property at any sale
conducted by the Administrator pursuant to this chapter takes the property free
of all claims of the owner or previous holder and of all persons claiming
through or under them. The Administrator shall execute all documents necessary
to complete the transfer of ownership.

4. Except as otherwise provided in subsection
5, the Administrator need not offer any property for sale if the Administrator
considers that the probable cost of the sale will exceed the proceeds of the
sale. The Administrator may destroy or otherwise dispose of such property or
may transfer it to:

(a) The Nevada State Museum Las Vegas, the Nevada
State Museum or the Nevada Historical Society, upon its written request, if the
property has, in the opinion of the requesting institution, historical,
artistic or literary value and is worthy of preservation; or

(b) A genealogical library, upon its written
request, if the property has genealogical value and is not wanted by the Nevada
State Museum Las Vegas, the Nevada State Museum or the Nevada Historical
Society.

Κ An action
may not be maintained by any person against the holder of the property because
of that transfer, disposal or destruction.

5. The Administrator shall transfer
property to the [Office]Department of Veterans Services, upon its
written request, if the property has military value.

6. Securities delivered to the
Administrator pursuant to this chapter may be sold by the Administrator at any
time after the delivery. Securities listed on an established stock exchange
must be sold at the prevailing price for that security on the exchange at the
time of sale. Other securities not listed on an established stock exchange may
be sold:

(a) Over the counter at the prevailing price for
that security at the time of sale; or

(b) By any other method the Administrator deems
acceptable.

7. The Administrator shall hold property
that was removed from a safe-deposit box or other safekeeping repository for 1
year after the date of the delivery of the property to the Administrator,
unless that property is a will or a codicil to a will, in which case the
Administrator shall hold the property for 10 years after the date of the
delivery of the property to the Administrator. If no claims are filed for the
property within that period and the Administrator determines that the probable
cost of the sale of the property will exceed the proceeds of the sale, it may
be destroyed.

8. All proceeds received by the
Administrator from abandoned gift certificates must be accounted for separately
in the Abandoned Property Trust Account in the State General Fund. At the end
of each fiscal year, before any other money in the Abandoned Property Trust
Account is transferred pursuant to NRS 120A.620, the balance in the subaccount
created pursuant to this subsection, less any costs, service charges or claims
chargeable to the subaccount, must be transferred to the Educational Trust
Account, which is hereby created in the State General Fund. The money in the
Educational Trust Account may be expended only as authorized by the Legislature
for educational purposes.

Sec. 34. NRS
244.406 is hereby amended to read as follows:

244.406 1. Except as
otherwise provided in this section, the office of coordinator of services for
veterans must be supported from money in the county general fund and from any
gifts or grants received by the county for the support of the office.

2. The board of county commissioners of a
county that creates the office of coordinator of services for veterans is
authorized to accept funds from the [Executive]
Director [for]of the Department of Veterans Services
pursuant to subsection 8 of NRS 417.090 for the support of the office.

3. The board of county commissioners of a
county that creates the office of coordinator of services for veterans may
enter into an agreement with the Health Division of the Department of Health
and Human Services for the purpose of obtaining federal matching funds to
contribute to the salaries and expenses of the office of coordinator of
services for veterans for its activities which are reasonably related to the
programs of the Health Division of the Department of Health and Human Services
and which benefit or result in cost avoidance for the Health Division.

4. The board of county commissioners of a
county that creates the office of coordinator of services for veterans shall,
on or before February 1 of each odd-numbered year, submit a report to the
Director of the Legislative Counsel Bureau for distribution to each regular
session of the Legislature describing the efficiency and effectiveness of the
office. The report must include, without limitation, the
number, total value and average value of the benefits received by the office on
behalf of veterans, their spouses and their dependents.

include, without limitation, the number, total value and
average value of the benefits received by the office on behalf of veterans,
their spouses and their dependents.

Secs. 35 and 36. (Deleted
by amendment.)

Sec. 37. NRS
361.090 is hereby amended to read as follows:

361.090 1. The property, to
the extent of $2,000 assessed valuation, of any actual bona fide resident of
the State of Nevada who:

(a) Has served a minimum of 90 continuous days on
active duty, who was assigned to active duty at some time between April 21,
1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or
between December 7, 1941, and December 31, 1946, or between June 25, 1950, and
May 7, 1975, or between September 26, 1982, and December 1, 1987, or between
October 23, 1983, and November 21, 1983, or between December 20, 1989, and
January 31, 1990, or between August 2, 1990, and April 11, 1991, or between
December 5, 1992, and March 31, 1994, or between November 20, 1995, and
December 20, 1996;

(b) Has served on active duty in connection with
carrying out the authorization granted to the President of the United States in
Public Law 102-1; or

(c) Has served on active duty in connection with
a campaign or expedition for service in which a medal has been authorized by
the Government of the United States, regardless of the number of days served on
active duty,

Κ and who
received, upon severance from service, an honorable discharge or certificate of
satisfactory service from the Armed Forces of the United States, or who, having
so served, is still serving in the Armed Forces of the United States, is exempt
from taxation.

2. For the purpose of this section, the
first $2,000 assessed valuation of property in which an applicant has any
interest shall be deemed the property of the applicant.

3. The exemption may be allowed only to a
claimant who files an affidavit with his or her claim for exemption on real
property pursuant to NRS 361.155. The affidavit may be filed at any time by a
person claiming exemption from taxation on personal property.

4. The affidavit must be made before the county
assessor or a notary public and filed with the county assessor. It must state
that the affiant is a bona fide resident of the State of Nevada who meets all
the other requirements of subsection 1 and that the exemption is not claimed in
any other county in this State. After the filing of the original affidavit, the
county assessor shall, except as otherwise provided in this subsection, mail a
form for:

(a) The renewal of the exemption; and

(b) The designation of any amount to be credited
to the Gift Account for the Veterans
[Homes]Home in Southern Nevada or the Gift Account for the Veterans
Home in Northern Nevada established pursuant to NRS 417.145,

Κ to the
person each year following a year in which the exemption was allowed for that
person. The form must be designed to facilitate its return by mail by the
person claiming the exemption. If so requested by the person claiming the
exemption, the county assessor may provide the form to the person by electronic
means in lieu of by mail. The county assessor may
authorize the return of the form by electronic means in accordance with the
provisions of chapter 719 of NRS.

may authorize the return of the form by electronic means in
accordance with the provisions of chapter 719 of NRS.

5. Persons in actual military service are
exempt during the period of such service from filing the annual forms for
renewal of the exemption, and the county assessors shall continue to grant the
exemption to such persons on the basis of the original affidavits filed. In the
case of any person who has entered the military service without having
previously made and filed an affidavit of exemption, the affidavit may be filed
in his or her behalf during the period of such service by any person having
knowledge of the facts.

6. Before allowing any veterans exemption
pursuant to the provisions of this chapter, the county assessor shall require proof
of status of the veteran, and for that purpose shall require production of an
honorable discharge or certificate of satisfactory service or a certified copy
thereof, or such other proof of status as may be necessary.

7. If any person files a false affidavit
or produces false proof to the county assessor or a notary public and, as a
result of the false affidavit or false proof, the person is allowed a tax
exemption to which the person is not entitled, the person is guilty of a gross
misdemeanor.

8. Beginning with the 2005-2006 Fiscal
Year, the monetary amounts in subsections 1 and 2 must be adjusted for each
fiscal year by adding to the amount the product of the amount multiplied by the
percentage increase in the Consumer Price Index (All Items) from July 2003 to
the July preceding the fiscal year for which the adjustment is calculated. The
Department shall provide to each county assessor the adjusted amount, in
writing, on or before September 30 of each year.

Sec. 38. NRS
361.0905 is hereby amended to read as follows:

361.0905 1. Any person who
qualifies for an exemption pursuant to NRS 361.090 or 361.091 may, in lieu of
claiming the exemption:

(a) Pay to the county [assessor]tax receiver all or
any portion of the amount by which the tax would be reduced if the person
claimed the exemption; and

(b) Direct the county [assessor]tax receiver to
deposit that amount for credit to the Gift Account for the Veterans [Homes]Home in Southern Nevada or the
Gift Account for the Veterans Home in Northern Nevada established
pursuant to NRS 417.145.

2. Any person who wishes to waive his or
her exemption pursuant to this section shall designate the amount to be
credited to [the]a Gift Account on a form provided by the
Nevada Tax Commission.

3. The county [assessor]tax receiver shall
deposit any money received pursuant to this section with the State Treasurer
for credit to the Gift Account for the
Veterans [Homes]Home in Southern Nevada or the Gift Account for the Veterans
Home in Northern Nevada established pursuant to NRS 417.145. The
State Treasurer shall not accept more than a total of $2,000,000 for credit to [the]a Gift Account
pursuant to this section and NRS 371.1035 during any fiscal year.

Sec. 39. NRS
361.091 is hereby amended to read as follows:

361.091 1. A bona fide
resident of the State of Nevada who has incurred a permanent service-connected
disability and has been honorably discharged from the Armed Forces of the
United States, or his or her surviving spouse, is entitled to an exemption.

2. The amount of exemption is based on the
total percentage of permanent service-connected disability. The maximum
allowable exemption for total permanent disability is the
first $20,000 assessed valuation.

for total permanent disability is the first $20,000 assessed
valuation. A person with a permanent service-connected disability of:

(a) Eighty to 99 percent, inclusive, is entitled
to an exemption of $15,000 assessed value.

(b) Sixty to 79 percent, inclusive, is entitled
to an exemption of $10,000 assessed value.

Κ For the
purposes of this section, any property in which an applicant has any interest
is deemed to be the property of the applicant.

3. The exemption may be allowed only to a
claimant who has filed an affidavit with his or her claim for exemption on real
property pursuant to NRS 361.155. The affidavit may be made at any time by a
person claiming an exemption from taxation on personal property.

4. The affidavit must be made before the
county assessor or a notary public and be filed with the county assessor. It
must state that the affiant is a bona fide resident of the State of Nevada,
that the affiant meets all the other requirements of subsection 1 and that the
exemption is not claimed in any other county within this State. After the
filing of the original affidavit, the county assessor shall, except as
otherwise provided in this subsection, mail a form for:

(a) The renewal of the exemption; and

(b) The designation of any amount to be credited
to the Gift Account for the Veterans
[Homes]Home in Southern Nevada or the Gift Account for the Veterans
Home in Northern Nevada established pursuant to NRS 417.145,

Κ to the
person each year following a year in which the exemption was allowed for that
person. The form must be designed to facilitate its return by mail by the
person claiming the exemption. If so requested by the person claiming the
exemption, the county assessor may provide the form to the person by electronic
means in lieu of by mail. The county assessor may authorize the return of the
form by electronic means in accordance with the provisions of chapter 719 of
NRS.

5. Before allowing any exemption pursuant
to the provisions of this section, the county assessor shall require proof of
the applicants status, and for that purpose shall require the applicant to
produce an original or certified copy of:

(a) An honorable discharge or other document of
honorable separation from the Armed Forces of the United States which indicates
the total percentage of his or her permanent service-connected disability;

(b) A certificate of satisfactory service which
indicates the total percentage of his or her permanent service-connected
disability; or

(c) A certificate from the United States Department of Veterans Affairs
or any other military document which shows that he or she has incurred a
permanent service-connected disability and which indicates the total percentage
of that disability, together with a certificate of honorable discharge or
satisfactory service.

6. A surviving spouse claiming an
exemption pursuant to this section must file with the county assessor an
affidavit declaring that:

(a) The surviving spouse was married to and
living with the veteran who incurred a permanent service-connected disability
for the 5 years preceding his or her death;

(b) The veteran was eligible for the exemption at
the time of his or her death or would have been eligible if the veteran had
been a resident of the State of Nevada;

(c) The surviving spouse has not remarried; and

(d) The surviving spouse is a bona fide resident
of the State of Nevada.

Κ The
affidavit required by this subsection is in addition to the certification
required pursuant to subsections 4 and 5. After the filing of the original
affidavit required by this subsection, the county assessor shall, except as
otherwise provided in this subsection, mail a form for renewal of the exemption
to the person each year following a year in which the exemption was allowed for
that person. The form must be designed to facilitate its return by mail by the
person claiming the exemption. If so requested by the person claiming the
exemption, the county assessor may provide the form to the person by electronic
means in lieu of by mail. The county assessor may authorize the return of the
form by electronic means in accordance with the provisions of chapter 719 of
NRS.

7. If a veteran or the surviving spouse of
a veteran submits, as proof of disability, documentation that indicates a
percentage of permanent service-connected disability for more than one
permanent service-connected disability, the amount of the exemption must be
based on the total of those combined percentages, not to exceed 100 percent.

8. If a tax exemption is allowed under
this section, the claimant is not entitled to an exemption under NRS 361.090.

9. If any person files a false affidavit
or produces false proof to the county assessor or a notary public and, as a
result of the false affidavit or false proof, the person is allowed a tax
exemption to which the person is not entitled, the person is guilty of a gross
misdemeanor.

10. Beginning with the 2005-2006 Fiscal
Year, the monetary amounts in subsection 2 must be adjusted for each fiscal
year by adding to the amount the product of the amount multiplied by the
percentage increase in the Consumer Price Index (All Items) from July 2003 to
the July preceding the fiscal year for which the adjustment is calculated. The
Department shall provide to each county assessor the adjusted amount, in
writing, on or before September 30 of each year.

Sec. 40. NRS
361.155 is hereby amended to read as follows:

361.155 1. Except as
otherwise provided in this section:

(a) All claims for personal tax exemptions on
real property, the initial claim of an organization for a tax exemption on real
property and the designation of any amount to be credited to the Gift Account
for the Veterans [Homes]Home in Southern Nevada or the
Gift Account for the Veterans Home in Northern Nevada pursuant to
NRS 361.0905 must be filed on or before June 15.

(b) An initial claim for a tax exemption on real
property acquired after June 15 and before July 1 must be filed on or before
July 5.

2. All exemptions provided for pursuant to
this chapter apply on a fiscal year basis, and any exemption granted pursuant
to this chapter must not be in an amount which gives the taxpayer a total
exemption greater than that to which the taxpayer is entitled during any fiscal
year.

3. Except as otherwise provided in this
section, each claim for an exemption provided for pursuant to this chapter must
be filed with the county assessor of:

(a) The county in which the claimant resides for
personal tax exemptions; or

(b) Each county in which property is located for
the tax exemption of an organization.

4. After the initial claim for an
exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an
organization is not required to file annual claims if the property remains
exempt. If any portion of the property loses its exemption pursuant to NRS
361.157 or for any other reason becomes taxable, the organization must notify
the county assessor.

5. If an exemption is granted or renewed
in error because of an incorrect claim or failure of an organization to give
the notice required by subsection 4, the assessor shall assess the taxable
portion of the property retroactively pursuant to NRS 361.769 and a penalty of
10 percent of the tax due for the current year and any prior years may be
added.

6. If a claim for a tax exemption on real
property and any required affidavit or other documentation in support of the
claim is not filed within the time required by subsection 1, or if a claim for
a tax exemption is denied by the county assessor, the person claiming the
exemption may, on or before January 15 of the fiscal year for which the claim
of exemption is made, file the claim and any required documentation in support
of the claim with the county board of equalization of the county in which the
claim is required to be filed pursuant to subsection 3. The county board of
equalization shall review the claim of exemption and may grant or deny the
claim for that fiscal year, as it determines to be appropriate. The State Board
of Equalization shall establish procedures for:

(a) The review of a claim of exemption by a
county board of equalization pursuant to this subsection; and

(b) The appeal to the State Board of Equalization
of the denial of a claim of exemption by a county board of equalization
pursuant to this subsection.

Sec. 41. NRS
371.103 is hereby amended to read as follows:

371.103 1. Vehicles, to the
extent of $2,000 determined valuation, registered by any actual bona fide
resident of the State of Nevada who:

(a) Has served a minimum of 90 days on active
duty, who was assigned to active duty at some time between April 21, 1898, and
June 15, 1903, or between April 6, 1917, and November 11, 1918, or between
December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7,
1975, or between September 26, 1982, and December 1, 1987, or between October
23, 1983, and November 21, 1983, or between December 20, 1989, and January 31,
1990, or between August 2, 1990, and April 11, 1991, or between December 5,
1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;

(b) Has served a minimum of 90 continuous days on
active duty none of which was for training purposes, who was assigned to active
duty at some time between January 1, 1961, and May 7, 1975;

(c) Has served on active duty in connection with
carrying out the authorization granted to the President of the United States in
Public Law 102-1; or

(d) Has served on active duty in connection with
a campaign or expedition for service in which a medal has been authorized by
the Government of the United States, regardless of the number of days served on
active duty,

Κ and who
received, upon severance from service, an honorable discharge or certificate of
satisfactory service from the Armed Forces of the United States, or who, having
so served, is still serving in the Armed Forces of the United States, is exempt
from taxation.

2. In lieu of claiming the exemption from
taxation set forth in subsection 1 in his or her name, a veteran may transfer
the exemption to his or her current spouse. To transfer the exemption, the
veteran must file an affidavit of transfer with the Department in the county
where the exemption would otherwise have been claimed. The affidavit of
transfer must be made before the county assessor or a notary public. If a
veteran makes such a transfer:

(a) The spouse of the veteran is entitled to the
exemption in the same manner as if the spouse were the veteran;

(b) The veteran is not entitled to the exemption
for the duration of the transfer;

(c) The transfer expires upon the earlier of:

(1) The termination of the marriage;

(2) The death of the veteran; or

(3) The revocation of the transfer by the
veteran as described in paragraph (d); and

(d) The veteran may, at any time, revoke the
transfer of the exemption by filing with the Department in the county where the
exemption is claimed an affidavit made before the county assessor or a notary
public.

3. For the purpose of this section, the
first $2,000 determined valuation of vehicles in which a person described in
subsection 1 or 2 has any interest shall be deemed to belong to that person.

4. Except as otherwise provided in
subsection 5, a person claiming the exemption shall file annually with the
Department in the county where the exemption is claimed an affidavit declaring
that he or she is an actual bona fide resident of the State of Nevada who meets
all the other requirements of subsection 1 or 2, as applicable, and that the
exemption is claimed in no other county in this State. The affidavit must be
made before the county assessor or a notary public. After the filing of the
original affidavit of exemption and after the transfer of the exemption, if
any, pursuant to subsection 2, the county assessor shall, except as otherwise
provided in this subsection, mail a form for:

(a) The renewal of the exemption; and

(b) The designation of any amount to be credited
to the Gift Account for the Veterans
[Homes]Home in Southern Nevada or the Gift Account for the Veterans
Home in Northern Nevada established pursuant to NRS 417.145,

Κ to the
person who claimed the exemption each year following a year in which the
exemption was allowed for that person. The form must be designed to facilitate
its return by mail by the person claiming the exemption. If so requested by the
person claiming the exemption, the county assessor may provide the form to the
person by electronic means in lieu of by mail.

5. Persons in actual military service are
exempt during the period of such service from filing annual affidavits of
exemption and the Department shall grant exemptions to those persons on the
basis of the original affidavits filed. In the case of any person who has
entered the military service without having previously
made and filed an affidavit of exemption, the affidavit may be filed in his or
her behalf during the period of such service by any person having knowledge of
the facts.

having previously made and filed an affidavit of exemption,
the affidavit may be filed in his or her behalf during the period of such
service by any person having knowledge of the facts.

6. Before allowing any veterans exemption
pursuant to the provisions of this chapter, the Department shall require proof
of status of the veteran or, if a transfer has been made pursuant to subsection
2, proof of status of the veteran to whom the person claiming the exemption is
married, and for that purpose shall require production of an honorable
discharge or certificate of satisfactory service or a certified copy thereof,
or such other proof of status as may be necessary.

7. If any person files a false affidavit
or produces false proof to the Department, and as a result of the false
affidavit or false proof a tax exemption is allowed to a person not entitled to
the exemption, the person is guilty of a gross misdemeanor.

8. Beginning with the 2005-2006 Fiscal
Year, the monetary amounts in subsections 1 and 3 must be adjusted for each
fiscal year by adding to each amount the product of the amount multiplied by
the percentage increase in the Consumer Price Index (All Items) from December
2003 to the December preceding the fiscal year for which the adjustment is
calculated.

Sec. 42. NRS
371.1035 is hereby amended to read as follows:

371.1035 1. Any person who
qualifies for an exemption pursuant to NRS 371.103 or 371.104 may, in lieu of
claiming the exemption:

(a) Pay to the Department all or any portion of
the amount by which the tax would be reduced if the person claimed the
exemption; and

(b) Direct the Department to deposit that amount
for credit to the Gift Account for the
Veterans [Homes]Home in Southern Nevada or the Gift Account for the Veterans
Home in Northern Nevada established pursuant to NRS 417.145.

2. Any person who wishes to waive his or
her exemption pursuant to this section shall designate the amount to be
credited to [the]a Gift Account on a form provided by the
Department.

3. The Department shall deposit any money
received pursuant to this section with the State Treasurer for credit to the
Gift Account for the Veterans
[Homes]Home in Southern Nevada or the Gift Account for the Veterans
Home in Northern Nevada established pursuant to NRS 417.145. The
State Treasurer shall not accept more than a total of $2,000,000 for credit to [the]a Gift Account
pursuant to this section and NRS 361.0905 during any fiscal year.

Sec. 43. NRS
371.104 is hereby amended to read as follows:

371.104 1. A bona fide
resident of the State of Nevada who has incurred a permanent service-connected
disability and has been honorably discharged from the Armed Forces of the
United States, or his or her surviving spouse, is entitled to a veterans
exemption from the payment of governmental services taxes on vehicles of the
following determined valuations:

(a) If he or she has a disability of 100 percent,
the first $20,000 of determined valuation.

(b) If he or she has a disability of 80 to 99
percent, inclusive, the first $15,000 of determined valuation.

(c) If he or she has a disability of 60 to 79
percent, inclusive, the first $10,000 of determined valuation.

2. In lieu of claiming the exemption from
taxation set forth in subsection 1 in his or her name, a veteran may transfer
the exemption to his or her current spouse. To transfer the exemption, the
veteran must file an affidavit of transfer with the Department in the county
where the exemption would otherwise have been claimed. The affidavit of
transfer must be made before the county assessor or a notary public. If a
veteran makes such a transfer:

(a) The spouse of the veteran is entitled to the
exemption in the same manner as if the spouse were the veteran;

(b) The veteran is not entitled to the exemption
for the duration of the transfer;

(c) The transfer expires upon the earlier of:

(1) The termination of the marriage;

(2) The death of the veteran; or

(3) The revocation of the transfer by the
veteran as described in paragraph (d); and

(d) The veteran may, at any time, revoke the
transfer of the exemption by filing with the Department in the county where the
exemption is claimed an affidavit made before the county assessor or a notary
public.

3. For the purpose of this section, the
first $20,000 of determined valuation of vehicles in which a person described
in subsection 1 or 2 has any interest shall be deemed to belong entirely to
that person.

4. A person claiming the exemption shall
file annually with the Department in the county where the exemption is claimed
an affidavit declaring that he or she is a bona fide resident of the State of
Nevada who meets all the other requirements of subsection 1 or 2, as applicable,
and that the exemption is claimed in no other county within this State. After
the filing of the original affidavit of exemption and after the transfer of the
exemption, if any, pursuant to subsection 2, the county assessor shall, except
as otherwise provided in this subsection, mail a form for:

(a) The renewal of the exemption; and

(b) The designation of any amount to be credited
to the Gift Account for the Veterans
[Homes]Home in Southern Nevada or the Gift Account for the Veterans
Home in Northern Nevada established pursuant to NRS 417.145,

Κ to the
person who claimed the exemption each year following a year in which the
exemption was allowed for that person. The form must be designed to facilitate
its return by mail by the person claiming the exemption. If so requested by the
person claiming the exemption, the county assessor may provide the form to the
person by electronic means in lieu of by mail.

5. Before allowing any exemption pursuant
to the provisions of this section, the Department shall require proof of the
veterans status, and for that purpose shall require production of:

(a) A certificate from the Department of Veterans
Affairs that the veteran has incurred a permanent service-connected disability,
which shows the percentage of that disability; and

6. A surviving spouse claiming an
exemption pursuant to this section must file with the Department in the county
where the exemption is claimed an affidavit declaring that:

(a) The surviving spouse was married to and
living with the veteran with a disability for the 5 years preceding his or her
death;

(b) The veteran with a disability was eligible
for the exemption at the time of his or her death or, if not for a transfer of
the exemption pursuant to subsection 2, would have been eligible for the
exemption at the time of his or her death; and

(c) The surviving spouse has not remarried.

Κ The
affidavit required by this subsection is in addition to the certification
required pursuant to subsections 4 and 5. After the filing of the original
affidavit required by this subsection, the county assessor shall, except as
otherwise provided in this subsection, mail a form for renewal of the exemption
to the person each year following a year in which the exemption was allowed for
that person. The form must be designed to facilitate its return by mail by the
person claiming the exemption. If so requested by the person claiming the
exemption, the county assessor may provide the form to the person by electronic
means in lieu of by mail.

7. If a tax exemption is allowed under
this section, the veteran and his or her current spouse are not entitled to an
exemption under NRS 371.103.

8. If any person makes a false affidavit
or produces false proof to the Department, and as a result of the false
affidavit or false proof the person is allowed a tax exemption to which he or
she is not entitled, the person is guilty of a gross misdemeanor.

9. Beginning with the 2005-2006 Fiscal
Year, the monetary amounts in subsections 1 and 3 must be adjusted for each
fiscal year by adding to each amount the product of the amount multiplied by
the percentage increase in the Consumer Price Index (All Items) from December
2003 to the December preceding the fiscal year for which the adjustment is
calculated.

Sec. 44. NRS
371.105 is hereby amended to read as follows:

371.105 Claims pursuant to NRS 371.101,
371.102, 371.103 or 371.104 for tax exemption on the governmental services tax
and designations of any amount to be credited to the Gift Account for the Veterans [Homes]Home in Southern Nevada or the
Gift Account for the Veterans Home in Northern Nevada pursuant to
NRS 371.1035 must be filed annually at any time on or before the date when
payment of the tax is due. All exemptions provided for in this section must not
be in an amount which gives the taxpayer a total exemption greater than that to
which the taxpayer is entitled during any fiscal year.

Sec. 45. NRS
389.810 is hereby amended to read as follows:

389.810 1. Notwithstanding
any provision of this title to the contrary, a person who:

(a) Left high school before graduating to serve
in the Armed Forces of the United States during:

(1) World War II and so served at any time
between September 16, 1940, and December 31, 1946;

(2) The Korean War and so served at any
time between June 25, 1950, and January 31, 1955; or

(3) The Vietnam Era and so served at any
time between January 1, 1961, and May 7, 1975;

(b) Was discharged from the Armed Forces of the
United States under honorable conditions; and

(c) As a result of his or her service in the
Armed Forces of the United States, did not receive a high school diploma,

Κ shall be
deemed to have earned sufficient credits to receive a standard high school
diploma.

2. A school district may, upon request,
issue a standard high school diploma to any person who meets the requirements
set forth in subsection 1. A school district may issue a standard high school
diploma to such a person even if the person:

(a) Holds a general educational development
credential or its equivalent; or

(b) Is deceased, if the family of the veteran
requests the issuance of the diploma.

3. The State Board and the [Office]Department of
Veterans Services shall work cooperatively to establish guidelines for
identifying and issuing standard high school diplomas to persons pursuant to
this section.

4. A person to whom a standard high school
diploma is issued pursuant to this section shall not be deemed to be a pupil
for the purposes of this title.

Sec. 46. NRS
407.065 is hereby amended to read as follows:

407.065 1. The Administrator,
subject to the approval of the Director:

(a) Except as otherwise provided in this
paragraph, may establish, name, plan, operate, control, protect, develop and
maintain state parks, monuments and recreational areas for the use of the
general public. The name of an existing state park, monument or recreational
area may not be changed unless the Legislature approves the change by statute.

(b) Shall protect state parks and property
controlled or administered by the Division from misuse or damage and preserve
the peace within those areas. The Administrator may appoint or designate
certain employees of the Division to have the general authority of peace
officers.

(c) May allow multiple use of state parks and
real property controlled or administered by the Division for any lawful purpose,
including, but not limited to, grazing, mining, development of natural
resources, hunting and fishing, in accordance with such regulations as may be
adopted in furtherance of the purposes of the Division.

(d) [Shall]Except as otherwise provided in this
paragraph, shall impose and collect reasonable fees for entering,
camping and boating in state parks and recreational areas. The Division shall
issue[,
upon application therefor and proof of residency and age,]
an annual permit for entering, camping and boating in all state parks and
recreational areas in this State :

(1) Upon
application therefor and proof of residency and age, to any
person who is 65 years of age or older and has resided in this State for at
least 5 years immediately preceding the date on which the application is
submitted.

(2) Upon
application therefor and proof of residency and proof of status as described in
subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who
has incurred a permanent service-connected disability of 10 percent or more and
has been honorably discharged from the Armed Forces of the United States.

Κ The permit
must be issued without charge, except that the Division shall charge and
collect an administrative fee for the issuance of the permit in an amount
sufficient to cover the costs of issuing the permit.

(e) May conduct and operate such special services
as may be necessary for the comfort and convenience of the general public, and
impose and collect reasonable fees for such special services.

(f) May rent or lease concessions located within
the boundaries of state parks or of real property controlled or administered by
the Division to public or private corporations, to groups of natural persons,
or to natural persons for a valuable consideration upon such terms and
conditions as the Division deems fit and proper, but no concessionaire may
dominate any state park operation.

(g) May establish such capital projects
construction funds as are necessary to account for the parks improvements
program approved by the Legislature. The money in these funds must be used for
the construction and improvement of those parks which are under the supervision
of the Administrator.

(h) In addition to any concession specified in
paragraph (f), may establish concessions within the boundaries of any state
park to provide for the sale of food, drinks, ice, publications, sundries,
gifts and souvenirs, and other such related items as the Administrator
determines are appropriately made available to visitors. Any money received by
the Administrator for a concession established pursuant to this paragraph must
be deposited in the Fund for State Park Interpretative and Educational Programs
and Operation of Concessions.

2. The Administrator:

(a) Shall issue an annual permit to a person who
pays a reasonable fee as prescribed by regulation which authorizes the holder
of the permit to enter each state park and each recreational area in this State
and, except as otherwise provided in subsection 3, use the facilities of the
state park or recreational area without paying the entrance fee; and

(b) May issue an annual permit to a person who
pays a reasonable fee as prescribed by regulation which authorizes the holder
of the permit to enter a specific state park or specific recreational area in
this State and, except as otherwise provided in subsection 3, use the
facilities of the state park or recreational area without paying the entrance
fee.

3. An annual permit issued pursuant to
subsection 2 does not authorize the holder of the permit to engage in camping
or boating, or to attend special events. The holder of such a permit who wishes
to engage in camping or boating, or to attend special events, must pay any fee
established for the respective activity.

4. Except as otherwise provided in
subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees
collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection
2 must be deposited in the State General Fund.

Sec. 47. NRS
482.3764 is hereby amended to read as follows:

482.3764 1. Before the
Department issues to any person, pursuant to NRS 482.3763:

(a) An initial set of special license plates, it
shall:

(1) Collect a special fee for the support
of outreach programs and services for veterans and their families in the amount
of $25; and

(2) Affix a decal to each plate if
requested by an applicant who meets the requirements set forth in NRS
482.37635.

(1) Collect a special fee for the support
of outreach programs and services for veterans and their families in the amount
of $20; and

(2) Affix a decal to each plate if
requested by an applicant who meets the requirements set forth in NRS
482.37635.

2. The Department shall deposit all money
collected pursuant to this section with the State Treasurer for credit to the
Gift Account for Veterans created by subsection [8]9 of NRS 417.145.

Sec. 48. NRS
483.292 is hereby amended to read as follows:

483.292 1. When a person
applies to the Department for an instruction permit or drivers license
pursuant to NRS 483.290, the Department shall inquire whether the person
desires to declare that he or she is a veteran of the Armed Forces of the
United States.

2. If the person desires to declare
pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the
United States, the person shall provide evidence satisfactory to the Department
that he or she has been honorably discharged from the Armed Forces of the
United States.

3. If the person declares pursuant to
subsection 1 that he or she is a veteran of the Armed Forces of the United
States, the Department shall count the declaration and maintain it only
numerically in a record kept by the Department for that purpose.

4. The Department shall, at least once
each quarter:

(a) Compile the aggregate number of persons who
have, during the immediately preceding quarter, declared pursuant to subsection
1 that they are veterans of the Armed Forces of the United States; and

(b) Transmit that number to the [Office]Department of
Veterans Services to be used for statistical purposes.

Sec. 49. NRS
483.852 is hereby amended to read as follows:

483.852 1. When a person
applies to the Department for an identification card pursuant to NRS 483.850,
the Department shall inquire whether the person desires to declare that he or
she is a veteran of the Armed Forces of the United States.

2. If the person desires to declare
pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the
United States, the person shall provide evidence satisfactory to the Department
that he or she has been honorably discharged from the Armed Forces of the
United States.

3. If the person declares pursuant to
subsection 1 that he or she is a veteran of the Armed Forces of the United
States, the Department shall count the declaration and maintain it only
numerically in a record kept by the Department for that purpose.

4. The Department shall, at least once
each quarter:

(a) Compile the aggregate number of persons who
have, during the immediately preceding quarter, declared pursuant to subsection
1 that they are veterans of the Armed Forces of the United States; and

(b) Transmit that number to the [Office]Department of
Veterans Services to be used for statistical purposes.

Sec. 50. NRS
642.0197 is hereby amended to read as follows:

642.0197 1. A funeral
director who obtains custody of the unclaimed human remains of a deceased
person whom the funeral director knows, has reason to know or reasonably
believes is a veteran shall report the name of the deceased person to the [Office]Department of
Veterans Services not later than 1 year after obtaining custody of the
unclaimed human remains of the deceased person.

2. Upon receipt of a report made pursuant
to subsection 1, the [Office]Department of Veterans Services shall
determine whether the deceased person is a veteran who is eligible for
interment at a national cemetery pursuant to 38 U.S.C. § 2402 or a veterans
cemetery pursuant to NRS 417.210. The [Office]Department of
Veterans Services shall provide notice of the determination to the funeral director.

3. If the [Office]Department of
Veterans Services provides notice to a funeral director of a determination that
a deceased person is a veteran who is eligible for interment at a national
cemetery or a veterans cemetery, the funeral director shall arrange for the
proper disposition of the veterans remains with:

(a) A national cemetery or veterans cemetery; or

(b) The [Office]Department of
Veterans Services.

4. A funeral director is immune from civil
or criminal liability for any act or omission with respect to complying with
the provisions of this section.

5. As used in this section, veteran has
the meaning ascribed to it in NRS 176A.090.

Sec. 51. NRS 417.040 and
417.050 are hereby repealed.

Sec. 52. The Legislative Counsel
shall, in preparing supplements to the Nevada Administrative Code,
appropriately change any references to an officer, agency or other entity whose
name is changed or whose responsibilities are transferred pursuant to the
provisions of this act to refer to the appropriate officer, agency or other
entity.

Sec. 53. If the name of a fund or
account is changed pursuant to the provisions of this act, the State Controller
shall change the designation of the name of the fund or account without making
any transfer of the money in the fund or account. The assets and liabilities of
such a fund or account are unaffected by the change of the name.

Sec. 54. Any regulations adopted
by the Executive Director of the Office of Veterans Services before October 1,
2013, pursuant to NRS 417.020 remain in effect and may be enforced by the
Director of the Department of Veterans Services until the Director of the
Department of Veterans Services adopts regulations to repeal or replace those
regulations.

Sec. 55. The Legislature hereby authorizes
the Department of Veterans Services to purchase, construct, lease, renovate or
acquire by lease-purchase a veterans home in northern Nevada.

Sec. 56. On or before October 1,
2013, the Governor shall appoint the members of the Interagency Council on
Veterans Affairs pursuant to paragraph (k) of subsection 1 of section 10 of
this act.

________

κ2013
Statutes of Nevada, Page 2522κ

CHAPTER 434, AB 454

Assembly Bill No. 454Committee on Transportation

CHAPTER 434

[Approved:
June 7, 2013]

AN ACT relating to
the Department of Motor Vehicles; requiring certain sellers, lessors, dealers
and rebuilders of vehicles to transmit certain information to the Department in
an electronic format; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law, in relevant part, requires sellers of new
vehicles, long-term lessors of new vehicles, sellers of used or rebuilt
vehicles, and long-term lessors of used or rebuilt vehicles, upon such sale or
lease, to furnish certain information to the Department of Motor Vehicles and
the buyer or lessee, as applicable. (NRS 482.423-482.4245) Sections 1-4
of this bill require such sellers and lessors to furnish the necessary information
to the Department by way of electronic transmission. Under existing law, it is
a gross misdemeanor for a person to commit certain fraudulent acts with respect
to certain documents or security interests in vehicles, or to fail to submit
certain reports to the Department within a prescribed time period. (NRS
482.436) Section 5 of this bill removes the original of a sellers or
lessors report of sale or lease from the list of documents for which it is a
crime to fail to submit the document to the Department within a certain time
period.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
482.423 is hereby amended to read as follows:

482.423 1. When a new vehicle
is sold in this State for the first time, the seller shall complete and [execute]submit to the Department a
manufacturers certificate of origin or a manufacturers statement of origin
and, unless the vehicle is sold to a dealer who is licensed to sell the
vehicle, transmit electronically
to the Department a dealers report of sale. The dealers report
of sale must be transmitted
electronically to the Department in [a form prescribed] the manner required by
the Department and must include:

(a) A description of the vehicle;

(b) The name and address of the seller; and

(c) The name and address of the buyer.

2. If, in connection with the sale, a
security interest is taken or retained by the seller to secure all or part of
the purchase price, or a security interest is taken by a person who gives value
to enable the buyer to acquire rights in the vehicle, the name and address of
the secured party or his or her assignee must be [entered on]included in the
dealers report of sale and on the manufacturers certificate or statement of
origin.

3. Unless an extension of time is granted
by the Department, the seller shall:

(a) Collect the fees set forth in NRS 482.429
for:

(1) A certificate of title for a vehicle
registered in this State; and

(b) Within 20 days after the [execution]electronic transmission to the
Department of the dealers report of sale:

(1) Submit to the Department the [original
of the dealers report of sale and the] manufacturers
certificate or statement of origin; and

(2) Remit to the Department the fees
collected pursuant to paragraph (a).

4. Upon entering into a contract or other
written agreement for the sale of a new vehicle, the seller shall affix a
temporary placard to the rear of the vehicle. Only one temporary placard may be
issued for the vehicle. The temporary placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on
the exterior of a vehicle;

(c) Be free from foreign materials and clearly visible
from the rear of the vehicle; and

(d) Include the date of its expiration.

5. Compliance with the requirements of
subsection 4 permits the vehicle to be operated for a period not to exceed 30
days after the execution of a written agreement to purchase or the contract of
sale, whichever occurs first. Upon the issuance of the certificate of
registration and license plates for the vehicle or the expiration of the
temporary placard, whichever occurs first, the buyer shall remove the temporary
placard from the rear of the vehicle.

6. For the purposes of establishing
compliance with the period required by paragraph (b) of subsection 3, the
Department shall use the date [imprinted or otherwise indicated] on which the dealers report
of sale was transmitted
electronically to the Department as the beginning date of the
20-day period.

7. Upon execution of all the documents
necessary to complete the sale of a vehicle, including, without limitation, the
financial documents, the dealer shall [execute]complete the
dealers report of sale and furnish a copy of the [report]information included therein to
the buyer not less than 10 days before the expiration of the temporary placard.

8. The provisions of this section do not
apply to kit trailers.

Sec. 2. NRS
482.4235 is hereby amended to read as follows:

482.4235 1. If a new vehicle
is leased in this State by a long-term lessor, the long-term lessor shall
complete and [execute]submit to the Department a manufacturers
certificate of origin or a manufacturers statement of origin, and transmit electronically to the
Department a long-term lessors report of lease. Such a report
must be transmitted electronically
to the Department in [a form prescribed] the manner required by
the Department and must include:

(a) A description of the vehicle; and

(b) The names and addresses of the long-term
lessor, long-term lessee and any person having a security interest in the
vehicle.

2. Unless an extension of time is granted
by the Department, the long-term lessor shall, within 20 days after the [execution]electronic transmission to the
Department of the long-term lessors report of lease:

(a) Submit to the Department the [original
of the long-term lessors report of lease and the]
manufacturers certificate of origin or manufacturers statement of origin; and

(b) Collect and remit to the Department the fee
set forth in NRS 482.429 for the processing of the long-term lessors report of
lease.

3. Upon entering into a lease or written
agreement to lease for a new vehicle, the long-term lessor shall affix a
temporary placard to the rear of the vehicle. Only one temporary placard may be
issued for the vehicle. The temporary placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on
the exterior of a vehicle;

(c) Be free from foreign materials and clearly
visible from the rear of the vehicle; and

(d) Include the date of its expiration.

4. Compliance with the requirements of
subsection 3 permits the vehicle to be operated for a period not to exceed 30
days after the execution of a written agreement to lease or the lease, whichever
occurs first. Upon issuance of the certificate of registration and license
plates for the vehicle or the expiration of the temporary placard, whichever
occurs first, the long-term lessee shall remove the temporary placard from the
rear of the vehicle.

5. For the purposes of establishing
compliance with the period required by subsection 2, the Department shall use
the date [imprinted or otherwise indicated] on which the long-term
lessors report of lease was
transmitted electronically to the Department as the beginning
date of the 20-day period.

6. Upon executing all the documents
necessary to complete the lease of the vehicle, including, without limitation,
the financial documents, the long-term lessor shall [execute]complete the
long-term lessors report of lease and furnish a copy of the [report]information included therein to
the long-term lessee not less than 10 days before the expiration of the
temporary placard.

Sec. 3. NRS
482.424 is hereby amended to read as follows:

482.424 1. When a used or
rebuilt vehicle is sold in this State to any person, except a licensed dealer,
by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall
complete and [execute]submit to the Department a dealers or
rebuilders report of sale. The dealers or rebuilders report of sale must be transmitted electronically to the
Department in [a form prescribed]the manner required by the Department and must
include:

(a) A description of the vehicle, including
whether it is a rebuilt vehicle;

(b) The name and address of the seller; and

(c) The name and address of the buyer.

2. If a security interest exists at the
time of the sale, or if in connection with the sale a security interest is
taken or retained by the seller to secure all or part of the purchase price, or
a security interest is taken by a person who gives value to enable the buyer to
acquire rights in the vehicle, the name and address of the secured party must
be [entered on]included in the dealers or rebuilders report
of sale.

3. Unless an extension of time is granted
by the Department, the seller shall:

(a) Collect the fees set forth in NRS 482.429
for:

(1) A certificate of title for a vehicle
registered in this State; and

(2) The processing of the dealers or
rebuilders report of sale; and

(b) Within 30 days after the [execution]electronic transmission to the
Department of the dealers or rebuilders report of sale:

(1) Submit to the Department the [original
of the dealers or rebuilders report of sale and the]
properly endorsed certificate of title previously issued for the vehicle; and

(2) Remit to the Department the fees collected
pursuant to paragraph (a).

4. Upon entering into a contract or other
written agreement for the sale of a used or rebuilt vehicle, the seller shall
affix a temporary placard to the rear of the vehicle. Only one temporary
placard may be issued for the vehicle. The temporary placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on
the exterior of a vehicle;

(c) Be free from foreign materials and clearly
visible from the rear of the vehicle; and

(d) Include the date of its expiration.

5. Compliance with the requirements of
subsection 4 permits the vehicle to be operated for not more than 30 days after
the execution of a written agreement to purchase or the contract of sale,
whichever occurs first. Upon the issuance of the certificate of registration
and license plates for the vehicle or the expiration of the temporary placard,
whichever occurs first, the buyer shall remove the temporary placard from the
rear of the vehicle.

6. To establish compliance with the period
required by paragraph (b) of subsection 3, the Department shall use the date [imprinted
or otherwise indicated] on which the dealers or rebuilders report of
sale was transmitted
electronically to the Department as the beginning date of the
30-day period.

7. Upon executing all the documents
necessary to complete the sale of the vehicle, including, without limitation,
the financial documents, the seller shall [execute]complete the
dealers or rebuilders report of sale and furnish a copy of the [report]information included therein to
the buyer not less than 10 days before the expiration of the temporary placard.

Sec. 4. NRS
482.4245 is hereby amended to read as follows:

482.4245 1. If a used or
rebuilt vehicle is leased in this State by a long-term lessor, the long-term
lessor shall complete and [execute]submit to the Department a long-term lessors
report of lease. Such a report must be transmitted electronically to the Department
in [a form prescribed]the manner required by the Department and must
include:

(a) A description of the vehicle;

(b) An indication as to whether the vehicle is a
rebuilt vehicle; and

(c) The names and addresses of the long-term
lessor, long-term lessee and any person having a security interest in the
vehicle.

2. Unless an extension of time is granted
by the Department, the long-term lessor shall, within 30 days after the [execution]electronic transmission to the
Department of the long-term lessors report of lease:

(a) Submit to the Department the [original
of the long-term lessors report of lease and the]
properly endorsed certificate of title previously issued for the vehicle; and

(b) Collect and remit to the Department the fee
set forth in NRS 482.429 for the processing of the long-term lessors report of
lease.

3. Upon entering into a lease or written
agreement to lease for a used or rebuilt vehicle, the long-term lessor shall
affix a temporary placard to the rear of the vehicle. Only one temporary
placard may be issued for the vehicle. The temporary placard must:

(a) Be in a form prescribed by the Department;

(b) Be made of a material appropriate for use on
the exterior of a vehicle;

(c) Be free from foreign materials and clearly
visible from the rear of the vehicle; and

4. Compliance with the requirements of
subsection 3 permits the vehicle to be operated for a period not to exceed 30
days after the execution of a written agreement to lease or the lease,
whichever comes first. Upon issuance of the certificate of registration and
license plates for the vehicle or the expiration of the temporary placard, whichever
occurs first, the long-term lessee shall remove the temporary placard from the
rear of the vehicle.

5. To establish compliance with the period
required by subsection 2, the Department shall use the date [imprinted
or otherwise indicated] on which the long-term lessors report of lease was transmitted electronically to the
Department as the beginning date of the 30-day period.

6. Upon executing all the documents
necessary to complete the lease of the vehicle, including, without limitation,
the financial documents, the long-term lessor shall [execute]complete the
long-term lessors report of lease and furnish a copy of the [report]information included therein to
the long-term lessee not less than 10 days before the expiration of the
temporary placard.

Sec. 5. NRS
482.436 is hereby amended to read as follows:

482.436 Any person is guilty of a gross
misdemeanor who knowingly:

1. Makes or causes to be made any false
entry on any certificate of origin or certificate of title;

2. Furnishes or causes to be furnished
false information to the Department concerning any security interest; or

3. Fails to submit or causes to not be
submitted the [original of the dealers or long-term
lessors report of sale or lease, together with the]
certificate of title or certificate of ownership issued for a used vehicle to
the Department within the time prescribed in subsection 3 of NRS 482.424 or, if
a leased vehicle, subsection 2 of NRS 482.4235.

Sec. 6. This act becomes effective
on July 1, 2014.

________

κ2013
Statutes of Nevada, Page 2527κ

CHAPTER 435, AB 472

Assembly Bill No. 472Committee on Ways and Means

CHAPTER 435

[Approved:
June 7, 2013]

AN ACT relating to
motorcycles; increasing the maximum amount of the fee that the Director of the
Department of Public Safety is required to establish for the Program for the
Education of Motorcycle Riders; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Under existing law, the Director of the Department of
Public Safety is required to establish a Program for the Education of
Motorcycle Riders, and approve courses of instruction provided by public or
private organizations which comply with the requirements established for the
Program. (NRS 486.372) Existing law provides that a resident of this State who
holds a motorcycle drivers license or a motorcycle endorsement to a drivers
license or who is eligible to apply for such a license or endorsement may
enroll in the Program, and requires that the Director establish a fee for the
Program of not more than $100. (NRS 486.373) This bill increases the amount of
the fee to not more than $150.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 486.373 is hereby amended
to read as follows:

486.373 1. A resident of this
State who holds a motorcycle drivers license or a motorcycle endorsement to a
drivers license or who is eligible to apply for such a license or endorsement
may enroll in the Program.

2. The Director shall establish a fee of
not more than [$100]$150 for the Program.

Sec. 2. This act becomes effective
on July 1, 2013.

________

κ2013
Statutes of Nevada, Page 2528κ

CHAPTER 436, AB 473

Assembly Bill No. 473Committee on Ways and Means

CHAPTER 436

[Approved:
June 7, 2013]

AN ACT relating to
license plates; authorizing the Department of Motor Vehicles to charge an
additional fee to defray the cost of producing license plates; creating the
License Plate Production Account in the State Highway Fund; and providing other
matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, a fee of 50 cents must be paid to the
Department of Motor Vehicles for each license plate issued for a motor vehicle,
trailer or semitrailer. The money must be deposited with the State Treasurer
for credit to the Fund for Prison Industries to defray the cost of producing
the license plate. (NRS 482.268) Section 1 of this bill provides for an
additional fee to be paid to the Department to defray the cost of producing the
license plate, and requires that the fee be deposited into the License Plate
Production Account, which is newly created in the State Highway Fund. Section
1 also authorizes the Department to determine the amount of the fee by
regulation.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 482.268 is hereby amended
to read as follows:

482.268 1. In addition to any other
applicable fee, there must be paid to the Department [a fee of 50 cents]
for each license plate issued for a motor vehicle, trailer or semitrailer[. The fee paid pursuant
to this section] , to defray the cost of producing the license plate:

(a) A
fee of 50 cents which must be deposited with the State Treasurer
for credit to the Fund for Prison Industries [to defray the cost of
producing the license plate.] ; and

(b) Such
fee as may be determined by regulation of the Department, which must be
deposited with the State Treasurer for credit to the License Plate Production
Account.

2. The
License Plate Production Account is hereby created in the State Highway Fund.
The Account is a continuing account without reversion. Interest and income
earned on money in the Account must be credited to the Account. The money in
the Account must be used only to defray the cost of producing license plates,
as described in subsection 1.

Sec. 2. NRS
482.490 is hereby amended to read as follows:

482.490 Each person who applies for a
manufacturers, distributors, dealers or rebuilders license plate, or pair
of plates shall pay at the time of application a fee according to the following
schedule:

AN ACT relating to
common-interest communities; prohibiting certain persons within a common-interest
community from committing certain acts against another person within that same
common-interest community; providing a penalty; and providing other matters
properly relating thereto.

Legislative Counsels Digest:

This bill: (1) prohibits certain persons within a
common-interest community from committing certain acts against another person
within that same common-interest community; and (2) provides that committing
any such act is a misdemeanor.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
116 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A community manager, an agent or
employee of the community manager, a member of the executive board, an officer,
employee or agent of an association, a units owner or a guest or tenant of a
units owner shall not willfully and without legal authority threaten, harass
or otherwise engage in a course of conduct against any other person who is the
community manager of his or her common-interest community or an agent or
employee of that community manager, a member of the executive board of his or her
association, an officer, employee or agent of his or her association, another
units owner in his or her common-interest community or a guest or tenant of a
units owner in his or her common-interest communitywhich:

(a) Causes harm or serious emotional distress, or the
reasonable apprehension thereof, to that person; or

2. A person who violates the provisions
of subsection 1 is guilty of a misdemeanor.

Sec. 2. NRS
116.1203 is hereby amended to read as follows:

116.1203 1. Except as
otherwise provided in subsections 2 and 3, if a planned community contains no
more than 12 units and is not subject to any developmental rights, it is
subject only to NRS 116.1106 and 116.1107 unless the declaration provides that
this entire chapter is applicable.

2. The provisions of NRS 116.12065 and the
definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that
the definitions are necessary to construe any of those provisions, apply to a
residential planned community containing more than 6 units.

3. Except for NRS 116.3104, 116.31043,
116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act and
the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent
that such definitions are necessary in construing any of those provisions,
apply to a residential planned community containing more than 6 units.

Sec. 3. NRS
116.745 is hereby amended to read as follows:

116.745 As used in NRS 116.745 to 116.795,
inclusive, unless the context otherwise requires, violation means a violation
of [any]: